Can I access or borrow against assets once they’re in my revocable trust? - Pennsylvania
The Short Answer
In Pennsylvania, you can usually still access and use assets you’ve placed into your revocable trust—because, during your lifetime, you generally retain control and can direct the trustee (often you) to make distributions or even remove assets from the trust. Borrowing against trust assets is often possible too, but whether a lender will allow it (and what paperwork is required) depends heavily on how the trust is titled, who the trustee is, and what the trust document authorizes.
What Pennsylvania Law Says
Pennsylvania’s Uniform Trust Act treats a revocable trust as being under the settlor’s control while it remains revocable. That means the trustee’s duties are generally owed exclusively to the settlor during that period, and the trustee can typically act based on the settlor’s directions. Practically, this is why many people use revocable trusts for probate avoidance while still keeping day-to-day control of their finances.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 7753.
This statute establishes that while a trust is revocable, beneficiaries’ rights are subject to the settlor’s control and the trustee’s duties are owed exclusively to the settlor (and the trustee may follow the settlor’s written direction even if it is contrary to the trust’s terms).
Also, Pennsylvania law confirms that a settlor generally has the power to revoke or amend a trust unless it is expressly made irrevocable, and upon revocation the trustee must deliver trust property as the settlor directs. See 20 Pa.C.S. § 7752.
Why You Should Speak with an Attorney
Even though the general rule is that you keep control of a revocable trust, real-world access and “borrowing against” trust assets can get complicated fast. Legal outcomes often depend on:
- Strict Document Requirements: Your ability to withdraw assets or pledge them as collateral can depend on the trust’s specific terms and whether you are the trustee or need a co-trustee to act. Pennsylvania law also limits how an agent under a power of attorney can exercise trust powers unless expressly authorized. See 20 Pa.C.S. § 7752(e).
- Creditor and Liability Exposure: Many people assume a trust “protects” assets. In Pennsylvania, during your lifetime, property in a revocable trust is subject to claims of your creditors. See 20 Pa.C.S. § 7745(1). That can matter if you’re borrowing, refinancing, or facing a lawsuit or collection issue.
- Lender/Title Obstacles: Even if the trust allows it, banks and mortgage companies often have their own underwriting rules for trust-owned property (especially real estate). A mistake in titling, trustee authority, or required certifications can delay or derail a loan—or create problems later if there’s a dispute.
Trying to handle this alone can lead to costly errors—like triggering unintended tax/estate consequences, creating title defects, or signing loan documents that don’t match the trust’s authority.
Get Connected with a Pennsylvania Attorney
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.