Trust Funding: Transferring the Deeds, Retitling the Accounts, and Finishing the Job

Jim Fletcher
Jim Fletcher | Fletcher Estate Planning

Jim Fletcher is the founder of Fletcher Estate Planning in Sandy Springs, Georgia, where he has built a practice devoted entirely to trust-based estate planning — designing and implementing revocable living trusts, wills, financial powers of attorney, advance directives, and transfer on death (ladybird) deeds. With nearly two decades in practice, Mr. Fletcher works daily on both sides of the trust funding equation: drafting the trusts themselves and preparing the deeds and transferring documents that move clients' assets into them, giving him firsthand command of the funding process this program addresses.

Live Video-Broadcast: September 28, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

 

The Trust Was Signed. The Assets Never Moved.

A trust-based estate plan is not finished at signing. The post-SECURE Act 2024 IRS final regulations rewrote the rules for naming a trust as retirement account beneficiary. The 2025 Form 1099-DA reports that requirement changes how a trust holds cryptocurrency and digital assets. The funding mechanics now decide whether the plan works.

The stakes compound asset by asset. Leave an asset out, and the family lands in the probate the trust was built to avoid. Record the wrong deed, and title defects and malpractice exposure follow. Move mortgaged property without the Garn-St. Germain framework, and the due-on-sale clause is in play. Skip the post-recording steps, and the client loses homestead, property tax, and title insurance protections. Transfer an LLC interest past a consent requirement or right of first refusal, and the transfer is the breach.

Attendees walk out with the work product: a real property transfer checklist and institution-specific retitling workflows. They leave with a durable funding system — funding letters, asset-by-asset tracking, and a funding completion report. Answering who was supposed to fund the trust takes attorney judgment, not software — this program builds it.

Key topics to be discussed:

  • The Unfunded-Trust Problem
    How assets left outside the trust force the family into probate and land the malpractice exposure on the drafting attorney.
  • Deed Drafting and Recording
    How deed type, trust vesting language, recording mechanics, and transfer tax exemption filings determine whether the conveyance records are clean or creates a title defect.
  • Mortgaged and Multi-State Property
    How the Garn-St. Germain due-on-sale framework treats mortgaged property — including the regulatory trap for rental properties — and when TOD deeds or multi-state parcels change the funding strategy.
  • Post-Recording Client Protections
    How to preserve the client's homestead exemption, property tax cap, title insurance, and homeowner's insurance coverage after the deadline.
  • Account and Retirement Retitling
    How to retitle bank, brokerage, and CD accounts through institution-specific procedures, and how the 2024 IRS final regulations govern naming a trust as retirement account beneficiary.
  • Business and Digital Assets
    How to transfer LLC and business interests past consent and right-of-first-refusal provisions, handle life insurance, cryptocurrency, and the 2025 Form 1099-DA reporting change, and build a funding system that prevents post-execution drift.

This course is co-sponsored with myLawCLE.

Date / Time: September 28, 2026

  • 2:30 pm – 4:40 pm Eastern
  • 1:30 pm – 3:40 pm Central
  • 12:30 pm – 2:40 pm Mountain
  • 11:30 am – 1:40 pm Pacific

Closed-captioning available

Speakers

Jim Fletcher, Founder | Fletcher Estate Planning

Jim Fletcher is the founder of Fletcher Estate Planning in Sandy Springs, Georgia, where he has built a practice devoted entirely to trust-based estate planning — designing and implementing revocable living trusts, wills, financial powers of attorney, advance directives, and transfer on death (ladybird) deeds. With nearly two decades in practice, Mr. Fletcher works daily on both sides of the trust funding equation: drafting the trusts themselves and preparing the deeds and transferring documents that move clients’ assets into them, giving him firsthand command of the funding process this program addresses. He is the author of Estate Planning for Georgia Families, a consumer guide to protecting family assets and avoiding the probate delays that result when estate plans are left incomplete.

  • Education & Credentials

Mr. Fletcher earned his Juris Doctor cum laude from the University of Georgia School of Law, where he served as Executive Editor of the Journal of Intellectual Property Law and as President of the Phi Alpha Delta law fraternity. He holds a Bachelor of Business Administration in Management from Kennesaw State University, a foundation that informs his practical, systems-driven approach to implementing and completing clients’ estate plans. He has also completed advanced practitioner training through Wealth Counsel and the Elder Law College.

  • Recognition & Leadership

Mr. Fletcher has been named a Super Lawyer, a designation limited to the top five percent of eligible attorneys. He holds a perfect 10.0 rating from Avvo and an AV Preeminent rating from Martindale-Hubbell, that service’s highest tier — a peer-review rating reflecting the highest level of professional excellence and ethical standards.

  • Professional Involvement

Mr. Fletcher is a member of Wealth Counsel, the Elder Law College, the Estate Planning Council of North Georgia, the National Academy of Elder Law Attorneys (NAELA), and the Elder Law Section of the State Bar of Georgia. He is also a frequent educator on estate planning topics, regularly presenting webinars on
trusts, probate avoidance, and plan implementation.

  • Experience

Before founding Fletcher Estate Planning, Mr. Fletcher served as a senior associate at law firms in Buckhead and Dunwoody, where his work spanned estate planning, complex civil litigation, and real estate matters — experience with deeds, titles, and property transfers that he now applies directly to funding clients’ trusts and ensuring no asset is left outside the plan.

Agenda

SESSION 1 – Transferring Real Property Into the Trust: Deeds, Recording, and What It Triggers | 2:30pm – 3:30pm

This session covers the full mechanics of transferring real property into a revocable trust — from deed selection and vesting language through recording, transfer tax exemptions, and the downstream consequences the transfer triggers. Attorneys will learn how to avoid common drafting errors that generate malpractice exposure, navigate the Garn-St. Germain due-on-sale framework for mortgaged
properties, and protect clients’ homestead exemptions, property tax benefits, and title insurance coverage. Attendees leave with a practical checklist for completing a real property trust transfer correctly across multiple risk categories.

BREAK | 3:30pm – 3:40pm

SESSION 2 – Retitling Accounts and Business Interests: Working the Funding List to Completion | 3:40pm – 4:40pm

This session covers the non-real-property side of trust funding: retitling bank and brokerage accounts, coordinating retirement account beneficiary designations under the post-SECURE Act and 2024 IRS final regulations, transferring LLC and business interests into the trust, and handling digital assets and
cryptocurrency. Attorneys will learn the institution-specific workflows, the common failure points that leave trusts unfunded, and how to build a durable funding system that prevents post-execution drift. Attendees will leave with procedural knowledge to guide clients through each asset category and avoid
the malpractice exposure that flows from incomplete funding.

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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