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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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.
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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I recommend that you contact an experienced estate planning attorney and have the deed reviewed to determine if there is a cloud on title.
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