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No. The property in a trust is held in the name of the trustee of the trust. It may be possible to amend the trust to include another trustee. Such actions should be done by an attorney.
No. The property in a trust is held in the name of the trustee of the trust. It may be possible to amend the trust to include another trustee. Such actions should be done by an attorney.
No. The property in a trust is held in the name of the trustee of the trust. It may be possible to amend the trust to include another trustee. Such actions should be done by an attorney.
No. The property in a trust is held in the name of the trustee of the trust. It may be possible to amend the trust to include another trustee. Such actions should be done by an attorney.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoNo. The property in a trust is held in the name of the trustee of the trust. It may be possible to amend the trust to include another trustee. Such actions should be done by an attorney.
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Is the Settler of a Revocable Living Trust the person whos name appears on the Trust?
Yes, the settlor of a revocable living trust is the person who creates the trust by transferring assets into it. The settlor's name appears on the trust document as the creator of the trust.
What if my Mom died sister is the trustee then did a quitclaims then put her name and your name as the tenants in common is the property still protected in the living trust in ca.?
If your sister is the trustee of a valid trust and has power to transfer title to real estate owned by the trust then her deed as trustee transferred the property to you and her as individuals. The property is no longer owned (protected by) by the trust.
How should the owner's name appear on a deed when the property is to be placed into a living trust?
The present owner of the property is the grantor and the trustee of the trust is the grantee. The grantor in the deed should be recited exactly the same as in their acquisition deed when they first acquired the property. The grantee should be recited as, " to Jill Smith as trustee of the Smith Family Trust under a Declaration of Trust dated June 18, 2009".
What happen to the irrevocable trust after the grantos death?
You need to review the document that created the trust. A trust should contain all the provisions necessary to the management of the trust property by the trustee. It should recite all the powers of the trustee and what should happen to the trust property at the termination of the trust. Title to trust property stands in the name of the trustee who holds title in the name of the trust. The type of trust you refer to usually has detailed instructions as to how the trust property should be distributed upon the death of the grantor and how that property should be transferred by the trustee.
Can a home be sold if the decrease trust is not over with in probate court?
It all depends on what the documents state. I notice you said a Trust. Was this a grantor trust? was it completely funded with the grantor's (the deceased) assets? Is the home in the name of the trust. There may be a provision in the Trust, if the trust was the owner of the property, that allows the sale of the property with proceeds added to the residue of the trust. However, if the trust was not properly executed and funded and the property was still in the name of the decedent then you may have to wait until the probate process is over or meet with all heirs and your probate attorney as they can guide you through that process. Usually with a completely funded grantor trust the estate avoids the probate process and goes by the guidelines set forth by the trust, however it sounds as if this trust was not properly funded and the property was not placed in the trust.
How do you name a living trust?
You can name your trust any way you choose. Most people use their own name such as "The Jones Family Trust" or "The Harry Connick Revocable Trust". However, a trust can be titled any other way such as "The Magic Mountain Trust" or "Lincoln Lane Trust". If the trust is to hold title to real estate you should be conscious of how the documents that affect the property will be indexed in the land records, and, take care not to choose a name that is already used by another entity.
Can a grantor name himself as a trustee of an irrevocable living trust?
Generally no. In an irrevocabe trust the grantor cannot maintain any control over the trust property. Trust law is very complex and trusts are subject to the IRS Code. If not properly drafted a trust can also leave the trust property exposed to creditors. Anyone contemplating the creation of a trust should seek the advice of an attorney who is an expert in estate planning, tax law and trust law.
What does DTD stand for after name on living trust?
Dated
Is it legal to transfer property i have in my name to my children's name in form of a trust fund?
yes
Can you use proceeds from the sale of a house in an irrevocable trust to purchase a new home?
You need to review the provisions in the trust. The proceeds belong to the trust and would be paid over to the trustee. The provisions of the trust will tell you if the trustee can use the proceeds to purchase another property in the name of the trust.You need to review the provisions in the trust. The proceeds belong to the trust and would be paid over to the trustee. The provisions of the trust will tell you if the trustee can use the proceeds to purchase another property in the name of the trust.You need to review the provisions in the trust. The proceeds belong to the trust and would be paid over to the trustee. The provisions of the trust will tell you if the trustee can use the proceeds to purchase another property in the name of the trust.You need to review the provisions in the trust. The proceeds belong to the trust and would be paid over to the trustee. The provisions of the trust will tell you if the trustee can use the proceeds to purchase another property in the name of the trust.
Do beneficiary names need to be on a deed that is in the name of the trust?
No. If the trust was created to hold the real property then the trustee of the trust will be listed as the owner. If the beneficiaries are listed in a deed as the owners the property will no longer be held in trust. The property must be held in the name of the trust OR the name of the beneficiaries of the trust as individuals.
If married and bought property from trust money willthat be community property?
The rules will vary by state if we are talking about the US. In some cases the fact that the money is from a trust will be key to demonstrating that the property is not community property. In other cases the other party will have to have signed a document to evidence that they have no rights to the property. In some locations other factors apply. It could be best that the trust buys the property and holds it in the name of the trust. Then there is little room to argue that the property is community property. Other options exist if the trust does not have enough money to buy the property without financing. Consult a local attorney for laws in your area.
