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Grant deed with removal of a decedent (by affidavit) that's in a Trust.

Portland, OR |

Is there a new (grant deed) then created, listing the survivor trustee of his or her Trust?
Thank you.

Attorney Answers 3

Posted

Your question is not clear--would need to understand the exact facts of your situation and any prior deeds and/or trust that affect the property.

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Posted

Thank you. We'll have to see an attorney. Dad removed mom from property after she passed with an A/B trust that should have been split, mandatory terms, one half revocable and decedent half irrevocable. Not sure where the trust went afterwards, likely to a (secret) fully revocable trust. He's 85, with cognitive issues. If this be the case, i.e., transferred everything to a revocable trust, would one expect to see a new deed created?

Posted

I, too, am uncertain as to the circumstances and the nature of your question. But if you are asking if a new deed is issued, after a change of ownership by death, the answer is generally no. Deeds operate to transfer title, and ownership is ascertained by analysis of the effect of the deeds in the "chain" of title. It is not like a motor vehicle, where a certificate of title is issued showing who the owner(s) is (are) at the moment.

This comment is general in nature and is not intended as legal advice. It does not create an attorney client relationship and obviously is not confidential. You should contact an attorney in your area who can review with you all of the relevant facts and give you specific legal advice.

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Posted

Thank you.

Posted

I believe you may be asking, "Does a new Deed have to be recorded when someone dies with a Revocable Living Trust and their Successor Trustee takes over?" If that is, indeed, your question then the answer is, "No." The Successor Trustee succeeeds to the prior Trustee's legal authority and should have complete control of any real property that was previously titled in the Trust. I hope this is helpful!

DISCLAIMER: The information contained in this answer is based on Oregon law and is subject to change. It should be used for general purposes only and should not be construed as specific legal advice by Fitzwater Meyer Hollis & Marmion, LLP, or its attorneys. Neither this answer nor use of its information creates an attorney-client relationship. If you have specific legal questions, consult with your own attorney or call us for an appointment.

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Posted

You are absolutely correct on my question. Thank you.

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