How Do I Retroactively Add Property to a Trust?
Full Question:
Answer:
The answer will depend on all the circumstances involved, such as whether there are competing claims on the property. A property is typically transferred to a trust by meansd of a deed from the owners to the trust. Generally, the person(s) named on the title or deed which is recorded in the land recorder's office is the legal owner. However, it is possible that the person named on the title may bring a quiet title action to have the deed transferred into a buyer's name. A quiet title or trespass to try title action is the method of determining title to lands. In a quiet title action, it is possible to ask the court to issue an injunction to force another to do or refrain from doing an act. An injunction is an equitable remedy that the court may order when money damages will be inadequate to remedy the harm suffered. The court may order records to be corrected to reflect true ownership of property. You might also try calling the recorder's office for administrative procedures that may be available. We suggest contacting a local attorney who can review all the facts and documents involved.
Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It must be proven that without the injunction, harm will occur which cannot be remedied by money damages. To issue a preliminary injunction, the courts typically require proof that
(1) the movant has a ‘strong’ likelihood of success on the merits;
(2) the movant would otherwise suffer irreparable injury;
(3) the issuance of a preliminary injunction wouldn't cause substantial harm to others; and
(4) the public interest would be served by issuance of a preliminary injunction.
A request for a declaratory judgment may be filed with the court, seeking to have a judicial declaration of the rights of parties involved. A petition for a declaratory judgment asks the court to define the legal relationship between the parties and their rights with respect to the matter before the court. It is used to determine the legal status of a situation, rather than the enforcement of the rights involved.