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Titling, Probate & Trusts

Titling Decision Matrix — RLT vs JTWROS vs TOD vs LLC

Run every asset through one matrix: probate exposure, basis step-up, creditor reach, gift-tax event, incapacity coverage.

Overview

Each titling method optimizes a different variable, and choosing by habit costs real money. Revocable living trust: full probate avoidance in every state, privacy, incapacity coverage — but no creditor protection or estate-tax benefit. JTWROS: free and automatic, but half-step-up only, gift on creation with non-spouses, and exposure to the co-owner's creditors. TOD/POD: free, keeps 100% step-up, no gift — but no incapacity or contingency planning. LLC/FLP: liability containment plus valuation discounts on gifted interests — with filing costs and possible loss of the primary-residence §121 exclusion. Community property (or an AK/TN community property trust): the only route to a full double step-up at the first spouse's death. The right answer is usually a layered one: RLT as the backbone, TOD for simple accounts, LLC for rentals, TBE or homestead for the residence.

Best fit
Multi-asset householdsMulti-state property ownersAnyone doing an estate-plan refresh
Estimated impact
$50K–$500K+ across probate cost, capital gains, and creditor exposure

Click Generate advisory deep dive for mechanics, IRC citations, a step-by-step execution plan, a worked numeric example on your profile, costs, risks, and this-week actions.

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