How Do We Put Property in the Name of a Different Trust?
Full Question:
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.