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

Asked almost 2 years ago - Portland, OR

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

Attorney answers (3)

  1. Answered . 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... more
  2. Answered . 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... more
  3. 1

    Lawyer agrees

    Answered . 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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