Ontario Real Estate Lawyer: Real Estate Trust Agreement

A real estate trust agreement is a legal document that outlines the relationship between the trustee, the beneficiary, and the trust property. This agreement allows the trustee to hold the property on behalf of the beneficiary and manage it according to the terms of the agreement. The trustee is responsible for ensuring that the property is properly maintained, and any income generated by the property is distributed to the beneficiaries.

If you are considering entering into a real estate trust agreement, it is highly recommended that you seek the advice of a real estate lawyer. A real estate lawyer can provide you with valuable guidance on the legal implications of the agreement, the tax consequences of the trust, and help you draft the agreement to ensure that your interests are protected.

Here are a few key things to consider when thinking about a real estate trust agreement:

  1. The trustee: Choose a trustworthy and experienced trustee who will act in the best interests of the beneficiaries and fulfill their obligations under the agreement.
  2. The beneficiaries: Determine who the beneficiaries will be and how the trust income will be distributed to them.
  3. Property management: The trustee is responsible for managing the trust property, so ensure that the agreement outlines how the property will be maintained and any repairs or renovations needed.
  4. Duration of the trust: Determine how long the trust will last and under what circumstances it can be terminated.
  5. Tax implications: Consult with a real estate lawyer or tax specialist to understand the tax consequences of the trust for both the trustee and beneficiaries.
  6. Funding the trust: Decide how the trust will be funded, whether it be through cash contributions, real estate assets, or a combination of both.
  7. Review the agreement regularly: As circumstances change, it is important to review and update the trust agreement as necessary.

In summary, a real estate trust agreement can be a valuable tool for managing and protecting your real estate assets. To ensure that your interests are protected, it is recommended that you seek the advice of a real estate lawyer. At Falcon Law PC, our experienced real estate lawyers can help you draft a trust agreement that meets your needs and objectives. Contact us today at 1-877-892-7778 or info@falconlawyers.ca to schedule a consultation.

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