What Deed Do You Use in a Living Trust?
- The primary asset that is usually transferred into a living trust is the family home. Once the trust document is prepared and signed, you transfer your home to the trust by filing a properly notarized trust transfer deed with the county office where records of property transfers are filed.
- Get a standard form trust transfer deed. Insert the legal description of your property, which can be found in your grant deed. For the "grantor," insert your name. After the words "hereby grants to...," the trustee's name and the name of the trust is inserted, which is typically your name as stated in a similar manner to this example: "James Walden, as Trustee of the Walden Family Trust."
- Take the completed trust transfer deed to a notary public and sign it in the presence of the notary. Take the deed to your local county office where property transfers are recorded, either the county recorder's office or courthouse, and file the deed for recording by the clerk.
- If you need to transfer the property after it is in the trust, you use the same deeds as in other real estate transactions, such as a grant deed for a typical property sale. The only notable difference is making sure you sign the deed in your name as trustee.
- Any transfer of real property has significant legal consequences. You should consult with an experienced real estate attorney before transferring the property.
Trust Transfer Deed
Preparing the Deed
Recording the Deed
Transferring Trust Property
Professional Advice
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