Full question:
WHEN A PERSON CHANGES A TRUST BUT A WARRANTY DEED FOR PROPERTY HAS BEEN FILED & RECORDED WITH COUNTY & STATE DOES THAT STAY THE SAME
- Category: Trusts
- Date:
- State: Michigan
Answer:
A deed is the written document which transfers title (ownership) or an interest in real property to another person. The deed must describe the real property, name the party transferring the property (grantor), the party receiving the property (grantee) and be signed and notarized by the grantor. In addition to the signature of the grantor(s), deeds must be acknowledged to be recorded and acceptable as evidence of ownership without other proof. A valid deed must be delivered and accepted to be an effective conveyance. Most states assume delivery if the grantee is in possession of the deed. The deed also must be accepted by the grantee. This acceptance does not need to be shown in any formal way, but rather may be by any act, conduct or words showing an intention to accept such as recording the deed. To complete the transfer (conveyance) the deed must be recorded in the office of the county recorder or recorder of deeds in the county in which the real estate is located. A new deed must be prepared, rather than using the former deed.
The answer will depend on whether the ownership of the property has changed. Typically, when a trust is created, real property is transferred into the trust by recording a deed in the name of the trust. If the property is no longer owned by the same trust as named on the current deed, you may need to prepare a new deed.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
