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Carla Pennington, Realtor®
Paula Thomas Real Estate Group
101 Cooperative Way Suite 205
Georgetown, TX 78626
Mobile: 512-635-2117
Email: Carla@CarlaPennington.com
 






Thank you for visiting today. If this is your first visit, take your time and look around. I have plenty of information and resources available to you. If you are a return visitor, thank you!

Let's schedule a "get acquainted" call!  I would love to hear from you and talk about how we can achieve your real estate goals together.    

"What does the Lord require of me? To act justly, love mercy and walk humbly with my God." Micah 6:8

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Living Trusts

Estate planners often recommend Living Trusts as a viable option when contemplating the manner in which to hold title to real property. When a property is held in a Living Trust, title companies have particular requirements to facilitate the transaction. While not comprehensive, answers to many commonly asked questions are below. If you have questions that are not answered below, your title company representative may be able to assist you, however, one may wish to seek legal counsel.

Who are the parties to a Trust?

A Family Trust is a typical trust in which the Husband and Wife are the Trustees and their children are the Beneficiaries. Those who establish the trust and transfer their property into it are known as Trustors or Settlors. The settlors usually appoint themselves as Trustees and they are the primary beneficiaries during their lifetime. After their passing, their children and grandchildren usually become the primary beneficiaries if the trust is to survive, or the beneficiaries receive distributions directly from the trust if it is to close out.

What is a Living Trust?

Sometimes called an Inter-vivos Trust, the Living Trust is created during the lifetime of the Settlors (as opposed to being created by their Wills after death) and usually terminates after they die and the body of the Trust is distributed to their beneficiaries.

Can a Trust hold title to Real Property?

No, the Trustee holds the property on behalf of the Trust.

Is a Trust the best way to hold my property?

Only your attorney or accountant can answer that question. Some common reasons for holding property in a Trust are to minimize or postpone death taxes, to avoid a time consuming probate, and/or to shield property from attack by certain unsecured creditors.

What taxes can I avoid by putting my property in trust?

Married persons can usually exempt a significant part of their assets from taxation and may postpone taxes after the first of them to die passes. You should check with your attorney or accountant before taking any action.

Can I homestead property that is held in a Trust?

Yes, if the property otherwise qualifies.

Can a Trustee borrow money against the property?

A Trustee can take any action permitted by the terms of the Trust, and the typical Trust Agreement does give the Trustee the authority to borrow and encumber real property. However, not all lenders will lend on a property held in trust, so check with your lender first.

Can someone else hold title for me “in trust?”

Some people who do not wish their names to show as titleholders make private arrangements with a third party Trustee; however, such an arrangement may be illegal, and is always inadvisable because the Trustee of record is the only one who is empowered to convey, or borrow against, the property, and a Title Insurer cannot protect you from a Trustee who is not acting in accordance with your wishes despite the existence of a private agreement you have with the Trustee.

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Testimonials

Carla is a knowledgeable and honest agent who helped us buy our dream retirement home in Georgetown. She is very knowledgeable about the area, spent many hours showing us real estate that fit our taste and budget and became our advocate and negotiator when we found the house we wanted. Carla works for a great broker and if there were any questions that she wanted a second opinon on, she had immediate access to her staff and office. I would not hesitate to use Carla again and recommend her highly to all who want both a pleasant and profitable outcome for their real estate search. Mark & Sue
Carla Pennington has been our realtor for several years now in both buying and selling real estate.  She also has served as our leasing agent on homes that we own!  We totally trust Carla on her advice in our transactions and will continue to use her services in future transactions!  We consider her a friend! Great communicator, easy to work with, understood and found our needs. All round great lady & we've really enjoyed working with her! Dawn & Betty
We were at a potential purchase property and on a whim picked Carla's card from a stack that were on a table in the kitchen (front door wasn't locked so we let ourselves in). This whim was a blessing in disguise as Carla has to be one of the most attentive and considerate real estate representatives that I have ever had the pleasure to work with. She was very quick to respond, attentive to our needs, considerate of our small children, flexible in scheduling and just an overall downright wonderful experience. She left a 'good taste in our mouth' so to speak. Another plus for Carla is that my 20 month old daughter 'likes' no one and never gives hugs away. At our first meeting with Carla, our daughter gave her 2 hugs and has given her one each time she has seen her since. To me - this speaks volumes to Carla's stellar character. My husband & I would highly recommend Carla to anyone that wants an enjoyable and stress free buying/selling experience. Carla's counterparts in the Paula Thomas Real Estate Group are more than willing to step up to the plate should for any reason Carla not be able to assist and to me this makes a wonderful 'family' group to work with for a job well done! thanks Carla! Kelly & Shannon
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