CaseMark Assignment of Property to Trust
Drafts a legally sufficient assignment instrument transferring specified assets from a grantor into a trust, formatted for execution and recording where applicable.
Prerequisites
Collect before drafting:
- Trust agreement — full legal name, execution date, amendment history, revocable/irrevocable status, governing state
- Parties — grantor's full legal name (as on titles), address, capacity; trustee's name/address; whether grantor serves as own trustee
- Asset inventory — property descriptions, account numbers, legal descriptions, VINs, entity docs, IP registration numbers
- Jurisdiction — state execution formalities, county recording requirements, witness/notary rules
- Third-party restrictions — operating agreement transfer restrictions, lender consent requirements, entity governing document limitations
Document Structure
Draft these sections in order:
| Section | Contents |
|---|---|
| Title & Date | "ASSIGNMENT OF PROPERTY TO TRUST" centered; date in traditional legal format |
| Recitals | WHEREAS clauses identifying trust by full name/date, stating grantor's intent to fund |
| Party Identification | Full legal names, addresses, capacities; dual-role language if grantor = trustee |
| Trust Incorporation | Trust name, date, amendments, revocable/irrevocable status, authority provisions |
| Operative Assignment | "assign, transfer, convey, set over, and deliver" language with consideration recital |
| Property Schedules | Categorized asset descriptions per table below |
| Representations & Warranties | Title, authority, no conflicts, further assurances covenants |
| Governing Law | State law clause; venue if grantor ≠ trustee or trust is irrevocable |
| Execution Block | Signature, witnesses, notarial acknowledgment per state requirements |
Property Schedule Requirements
| Asset Type | Required Identifiers | Notes |
|---|---|---|
| Real property | Legal description (from deed), street address, APN, county/state | May need separate deed; attach as exhibit if multiple parcels |
| Vehicles | Year, make, model, VIN | |
| Art/jewelry/collectibles | Artist/type, title, medium, dimensions, materials | Reasonable particularity standard |
| Bank accounts | Institution, account type, full account number | Institution's own transfer forms also needed |
| Investment/brokerage | Institution, account number, account type | |
| Securities | Shares, company name, ticker symbol | |
| Business interests | Entity legal name, interest type & percentage, formation jurisdiction | Check operating agreement for transfer restrictions/ROFR |
| Intellectual property | Patent/trademark/copyright registration numbers, titles, domain URLs |
Non-Assignable Assets
These cannot be transferred by general assignment — use dedicated forms instead:
- Retirement accounts (IRA, 401(k), pension) — beneficiary designation forms
- Life insurance — carrier's ownership change or beneficiary designation forms
- Financial accounts in practice — most institutions require their proprietary transfer forms
Execution Checklist
- Grantor signature with printed name and date
- Witness signatures (number per state law; typically 2 for real property)
- Notarial acknowledgment using exact state statutory form (state, county, personal appearance, commission number, expiration, seal area)
- Recording format compliance if real property (margins, font, return address, page requirements)
- Preliminary change of ownership report / transfer tax declaration if jurisdiction requires
Drafting Rules
- Dual-role language — when grantor = trustee: "John Smith, an individual ('Grantor'), hereby assigns to John Smith, as Trustee of the John Smith Revocable Living Trust dated [date] ('Trustee')"
- Exhibits/schedules — use for lengthy property lists; reference in the operative clause
- Further-assurances covenant — obligate grantor to execute additional documents needed to perfect transfer
- Supplemental transfer docs — flag any asset requiring deeds, entity assignment forms, or institution forms in a transmittal memo
- Notarial acknowledgment — never draft from memory; use the exact statutory form for the applicable state [VERIFY specific state notary statutes]
- Community property states — confirm whether spousal joinder or consent is required for real property
- Irrevocable trusts — flag potential gift tax implications; confirm grantor understands the transfer is permanent
- Encumbered assets — disclaim liens/encumbrances via schedule if grantor cannot represent clear title