My husband and I had revocable living trust "Mary and Tom revocable trust" where I am surviving Trustee and according to the terms of trust can modify or revoke trust at any time. He passed away and I filed Affidavit of Death of Trustee. I now would like to transfer the property out of trust into my name. Technically, how would the deed look like? From "Mary and Tom revocable trust" to Mary as a single woman and I just sign for it as a surviving trustee or as grantor? Since he is dead he can't sign anymore so I am unclear, Thank you!.
The Affidavit of Death of Trustee should have listed you as the current Trustee or Surviving Trustee of the trust unless the terms of the trust designated someone else to act as a co-trustee with you upon your husband's death. The transfer deed would list as grantor "Mary, Trustee (or Surviving Trustee) of the Mary and Tom revocable trust" and as grantee "Mary, as a single woman" or "Mary, as a widow."
Whether it is appropriate for you to transfer the property to yourself is another issue. A careful look at the trust terms and when the trust was created would be needed to determine this. Before doing anything, I would advise that you speak with a trust attorney to determine if such a transfer would be appropriate.
Also, if you are able to take the property out of the trust, it may require a probate to transfer it to your beneficiaries on your on death or a court conservatorship to manage your estate if you become incapacitated during your lifetime. Both can be very expenses, time consuming and cause great stress to you or your loved ones. So please review with your trust or estate planning attorney the alternatives available to meet your estate planning goals (keep it in the trust and amend the trust terms, transfer it to you, transfer it to you as trustee of a new trust, etc.) so you can be sure to select the manner in which to hold title to your property in the manner that best meets your estate planning goals.
This office is licensed to practice law only in the state of California. The answer provided above is for general information only, is not intended and should not be taken as specific legal advice and does not create an attorney client relationship with the party making the inquiry.
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Real Estate Attorney
An attorney would need to look at your trust to prepare the deed properly. Maybe the attorney who prepared your trust could help. It shouldn't cost more than a few hundred dollars to have it done right.
Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum.
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Estate Planning Attorney
Depending on the terms of the trust, you can do this. I think however the bigger question is why do you want to do this and do you need to do it? I would advise discussing your situation with an attorney.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature.
7 lawyers agree