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Can trustee transfer title to real estate without an attorney?
Wiki User
∙ 13y ago
Yes, but deeds should be drafted by an attorney, especially deeds from a trustee. Unless you have experience in the drafting of deeds in your jurisdiction there is a good chance the deed will contain errors. Errors in deeds can be expensive to correct especially deeds relating to a trust. The attorney should review the trust document to make certain the authority to sell the property was granted in the trust. The trustee will then be personally responsible to distribute the proceeds according to the terms of the trust. If the transaction is not handled properly by the trustee there will be personal liability.
Wiki User
∙ 13y ago
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How do you transfer real estate title without inheritance tax?
I think you can do this by placing the real estate in the name of a trust. I am not an attorney.
Can you transfer a property that is willed to you in NY State without putting property in your name?
You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.You may be able to have the executor transfer the property directly from the estate with your consent. You should speak with the attorney who is handling the estate.
The sole trustee died. How can the beneficiary obtain a transfer of the trust property to her own name?
You need to review the document that created the trust to determine how that transfer must be handled. There should be a provision that directs how to appoint a successor trustee. The property can be transferred by a successor trustee as long as the power to sell or transfer real estate is granted in the trust. If there is no such provision you need to take the matter before a judge in a court of equity. You should contact an attorney who specializes in real estate law who can review the trust and explain your options.
How do you go to probate on a trustee when parents died 14 months ago and there was a will and a trust and bank accounts and she will not talk to us?
You should not have allowed the situation to go on for so long. The trustee is acting secretively and she should not have control over the trust property. You need to consult with a probate attorney in your area ASAP. The attorney should contact the 'trustee' by registered mail and insist that the will and trust be produced immediately. If the 'trustee' doesn't respond the attorney can petition the court to have an administer appointed for the estate. The administrator will have the authority to take control of the estate. If the 'trustee' has converted the trust or estate property to her own use then she should be sued and reported to the district attorney for prosecution.
How do you transfer a house out of an irrevocable trust?
You need to review the terms set forth in the instrument that created the trust and find the provisions that give the trustee the power to transfer real property. In order to be able to convey the title to the real estate the trust instrument MUST give that power to the trustee.If the power to convey real estate is not given in the trust instrument then the trustee cannot convey the property out of the trust. In that case you must bring the matter before a judge. The judge can issue a decision that will grant the trustee the power to sell the real estate.Until the property is transferred out of the trust legally, title remains in the trust. If a trustee executes a deed and they don't have the power to sell real estate, their deed is invalid.Your question implies that you may have transferred your property to a trust without the assistance of an attorney. Trust law is extremely complicated and errors made by non-professionals can be extremely costly to correct if they can be corrected.Trusts should always be drafted by an attorney and any transfers should be supervised by the attorney.
How can real estate be removed from a trust?
You need to review the provisions in the document that created the trust to determine if the trustee has the authority to sell or transfer real estate. The trustee holds title to the trust property. If the power to sell is recited in the trust the trustee can execute a deed to transfer the property to a new owner. If the power to sell is not recited in the trust then you will need a court order to transfer title.
Can you open an estate account without an attorney?
It is possible to open an estate without an attorney. Most of the forms can be obtained online or at the courthouse.
Can an attorney-in-fact under a power of attorney transfer a life estate?
If the life estate belongs to the principal, the attorney-in-fact can release it on behalf of the principal. See related question.
I am the trustee and only living survivor of my deceased mother's estate. What forms do I use to transfer ownership of property in my name?
It depends on the type of asset and the manner in which it currently is titled. Probate is not a "form" practice. You really need an attorney.
How do you transfer stock when the owner is dead and left a power of attorney?
The power of attorney has no value. The probate court will have to appoint an executor for the estate, who can then transfer the stocks.
How do I transfer ownership of my condominium unit to my son?
You should contact an attorney who specializes in real estate law in your jurisdiction. The attorney can draft a proper deed for your jurisdiction and also explain the legal consequences of the transfer of title.You should contact an attorney who specializes in real estate law in your jurisdiction. The attorney can draft a proper deed for your jurisdiction and also explain the legal consequences of the transfer of title.You should contact an attorney who specializes in real estate law in your jurisdiction. The attorney can draft a proper deed for your jurisdiction and also explain the legal consequences of the transfer of title.You should contact an attorney who specializes in real estate law in your jurisdiction. The attorney can draft a proper deed for your jurisdiction and also explain the legal consequences of the transfer of title.
What do you have to do to transfer property to the sole administratrix name?
You should consult the attorney who is handling the estate. Deeds should be drafted by an attorney and a court appointed administrator must obtain a license from the court to transfer real property.You should consult the attorney who is handling the estate. Deeds should be drafted by an attorney and a court appointed administrator must obtain a license from the court to transfer real property.You should consult the attorney who is handling the estate. Deeds should be drafted by an attorney and a court appointed administrator must obtain a license from the court to transfer real property.You should consult the attorney who is handling the estate. Deeds should be drafted by an attorney and a court appointed administrator must obtain a license from the court to transfer real property.
