Deed vs. deed of trust ?
Can a deed of trust be used as a deed in an estate.
3 attorney answers
A deed transfers ownership of real estate. A deed of trust creates a lien against real property (a mortgage). They are two different documents that do different things.
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Mr. Harkess is correct. These documents are two completely different things and can never be mistaken for one another or used as one another. As we don't know what issue you have its not possible to offer any further advice...but a deed of trust cannot be substituted for a deed.
I concur with Mr. Harkess and Mr. Love. But your question does raise two issues: how old is this purported "Deed of Trust", and what state is it from? I recently ran across an estate that was probated in the 1950s from Charleston, SC in a title search. One document was referred to as a Deed of Trust. And it did convey personal and real property to an irrevocable trust. I would want to review the purported Deed of Trust you mentioned, and probably any other estate planning/probate documents as well before giving any advice.
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