Dad has a trust and son has a trust. They share a property 50%/50%. Both trusts are named the same, e.g., Jones Family Trust. A Trust Transfer Deed was performed to transfer dad's share into son's share of property. Should there be a clear notation, i.e., to distinguish one trust as separate and distinct from another?
If the intent was to gift dad's share of the property to son, the deed should clearly say so. Were the trusts executed on the same day? The date of the trust should be identified. In addition, the deed should indicate it was a gift transfer. In addition, you can put a notation down Note 1 on the face of the dad describing the transaction. In addition, a PCOR should be filed as well as BOE 58-AH(parent child exclusion).
With all that said, you really should be using an attorney for this transaction to make sure it is all done right and nothing is subject to later attack.
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I agree with Mr. Shultz. The date of the trusts will distinguish them, unless they were signed the same day. If they WERE signed on the same day and it is important to differentiate, then the attorney(s) who prepared the trust should review this.
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Estate Planning Attorney
Distinguishing them could be important for later Estate usage. Here the 'Jones Family Trust' might refer to two different trusts, ie. John Jones & Melba Jones, Co-Trustees of the Jones Family Living Trust dated Such-and-Such, and then separately Tom Jones & Mary Jones, Co-Trustees of the Jones Family Trust dated such and such date." It would be prudent to have an Estate Planning attorney involved.
Estate Planning Attorney
In addition to the sound responses from other attorneys, the proper title to assets held in trust is "XXXX, Trustee of the Jones Family Trust dated AAAA," and "YYYY, Trustee of the Jones Family Trust dated BBBB" As such, the date AND trustee likely differentiate the trusts.
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Wills and Living Wills Lawyer
I recommend that you contact an experienced estate planning attorney and have the deed reviewed to determine if there is a cloud on title.
No legal representation exists by virtue of this answer. It is recommended that you contact an attorney directly for a more complete response.