How Do We Put Property in the Name of a Different Trust?

Full question:

land contain 4 parcel . supose to be under salem family trust it is now 1 parcel under salem trust and the other 3 undrer george&sam salem trust,how can i fix it? thanks

  • Category: Trusts
  • Date:
  • State: Arizona

Answer:

The answer will depend on all the facts involved, such as whether trust's terms concerning making changes and transferring assets. In order to make changes to a revocable living trust, a person may sign a trust amendment or sign a complete trust restatement. A trust amendment changes specific provisions of a revocable living trust but leaves all of the other provisions unchanged, while an amendment and restatement of trust completely replaces and supercedes all of the provisions of the original revocable living trust.

It is possible to put property into a trust by signing a warranty or quitclaim deed from the current owners to the trust. In order to transfer real estate into the living trust, a real property deed naming the living trust as grantee should be executed and recorded. 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.

 

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.

FAQs

A trust amendment is a legal document that modifies specific provisions of an existing trust without replacing the entire trust. It allows the trust creator to make changes while keeping the original trust intact. This can include adding or removing beneficiaries, changing terms, or updating trustee information. Amendments must be signed and, in some cases, notarized to be valid.