Technical article
Can I Put My House or My Rental Properties in the Trust?
The usual set-up is an offshore company owned by the trust, which also holds the bank and broker accounts.
Imagine a couple in Florida with a house they live in, two rentals, and about US$400,000 in a brokerage account. They have heard that a trust holds "everything" and they wonder how a building gets into one.
The sources describe it this way for a Cook Islands trust. Cash and listed securities move in by wire or by a transfer between brokers. A house or a rental does not move at all. It stays where it is, and a company that the trust owns holds it. The usual set-up is an offshore company owned by the trust, which also holds the bank and broker accounts.
A business is handled the same way. The membership shares are assigned to the trust. The person who set up the trust can stay on as the manager of the company.
That last point has a condition. In the usual set-up, the person runs the company day to day. If a threat appears, the trustee takes over as manager. Under a duress clause, which applies when a court is forcing the person to act, the trustee takes direct control and stops the person from directing distributions. The firm that describes this cites a 1999 federal appeals case in which a person who kept control was held in contempt.
Here is what the sources show on cost and on who does what.
| Item | What the sources show |
|---|---|
| Cash and listed securities | Wire or broker transfer |
| House or rental property | Stays in place; held by a company the trust owns |
| Business interest | Membership shares assigned to the trust |
| Company added to the set-up | One Cook Islands firm quotes legal fees of US$15,000 for a trust alone and US$20,000 with a company |
| Company in Jersey | A law-guide site gives GBP 2,000 to GBP 5,000 (about US$2,600 to US$6,500) for each holding company |
| Bank trustee, managed real estate | 1.20% of value a year, at least US$1,800 (one 2026 schedule) |
| Bank trustee, directed real estate | 0.60% of value a year, at least US$1,200 (same schedule) |
| Sale through a broker | 2% of the price (same schedule) |
The bank schedule is one bank's published price sheet, tier C. The Jersey range is a law-guide estimate, tier U. The Cook Islands figures come from a firm that sells the service, tier C.
A quick example shows what the percentage means. A rental worth US$300,000 held by a trustee under the managed rate would cost 1.20% of its value, which is US$3,600 a year on that schedule. Under the directed rate it would be 0.60%, or US$1,800. Both are above the minimum shown, so the minimum does not apply. The numbers are an example, not a quote.
You might say: "I live in the house. I do not want a company between me and my own front door." It is a fair worry. The sources describe the company route for investment property and business interests. Marital property also needs the spouse's consent before it moves.
You could ask a trustee two things before you decide. Which assets it would hold directly, and which through a company. And what it charges for each, since a schedule may price real estate on its own line.
This touches family. A spouse's consent is part of the process for marital property, and what the trust owns is the company, not the building.
If you hold a property through a company or a trust already, what did the extra step cost you in time and fees? Share it here. Someone weighing the same choice may be glad to read it.
Figures are estimates for planning, based on public data. Date read: October 2026.
Sources
- Alper Law, Cook Islands funding and control pages (C)
- BOK Financial Advisor Trust Services schedule of fees and services, January 2026 (C)
- Global Law Experts, Jersey trust costs, September 2026 (U)
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