No, such an action does not automatically negate the necessity of probate procedure as required by the laws of the state in which said person(s) resided.
I think you can do this by placing the real estate in the name of a trust. I am not an attorney.
In reality, if there is no written proof of the debt, the estate cannot collect.
An investor(s) who wants to acquire real property for income or investment purposes arranges for the drafting of a realty trust by an attorney who specializes in real estate and trust law. The property is then conveyed by deed to the trustee of the trust who then manages the property according to the provisions in the trust. The trust protects the property from the creditors of the individuals who created the trust and from their heirs at law. Property in a trust is not included in a decedent's estate.
As of July 2014, the market cap for Investors Real Estate Trust (IRET) is $942,807,991.74.
If the will provides that the estate shall be held in trust for a daughter that is called a testamentary trust. By law, the debts of the decedent will be paid first out of the assets of the estate. After the debts have been paid any remaining assets will then be transferred to the trust for the benefit of the daughter.
I think you can do this by placing the real estate in the name of a trust. I am not an attorney.
Land is conveyed to a trust by virtue of a deed that transfers the title to the land to the trustee(s) of the trust. In some jurisdictions a trust that holds title to real estate must be recorded in the land records. In some jurisdictions the only evidence of the trust required is a certificate at the time of a conveyance by the trustee that the trust is in effect and that the trustee has the authority to convey the real estate. The trustee holds legal title to any real estate conveyed to the trust. Therefore any property conveyed to the trust should be granted as follows: to Sheila McCarthy as the Trustee of the Rexford Realty Trust under a Declaration of Trust dated June 6, 2008.
A title examination that shows no title defects or other encumbrances, and, title to be in the seller is acceptable evidence of marketable title.
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.
The trustee of the trust holds title to the real estate. The trustee can transfer the property according to the provisions set forth in the trust.
In reality, if there is no written proof of the debt, the estate cannot collect.
Generally, any trust that holds title to real property must meet the requirements of the jurisdiction where the real estate is located. You should direct your question to an attorney who is an expert in trust law.
A supplemental deed of trust is a document that embodies the agreement of a secured real estate transaction. The property title is transferred to a trustee that holds it as security for the loan.
It depends on the language of the trust agreement. If it is silent on the issue, then it should pass to the estate of the person who created the trust. ==Additional Answer== In most jurisdictions a trust must have termination language in order for a valid trust to be created. It must contain instructions regarding the disposition of the trust property after the death of the beneficiary. Instructions for the disposal of the trust property is especially important when the trust holds the title to real estate. A valid trust makes provisions for the trustee to dispose of the property when the trust is terminated or upon the death of the beneficiary. If there is no power in the trust to dispose of the real estate then that matter must resolved by a court of jurisdiction in order to clear the title. The title to the property would not pass back to the trustors estate unless the trust was found to be invalid and so the trust failed and the trust property had REMAINED in the trustor's estate. You would need to check your state trust laws.
Yes, an estate can be named as a beneficiary in a will or trust.
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NO. Ownership of real estate is evidenced by a deed recorded in the land records. If you don't want your name on the deed then you need to arrange to have the title held by another entity such as the trustee of a trust. In that case, the property would be owned by the trust.NO. Ownership of real estate is evidenced by a deed recorded in the land records. If you don't want your name on the deed then you need to arrange to have the title held by another entity such as the trustee of a trust. In that case, the property would be owned by the trust.NO. Ownership of real estate is evidenced by a deed recorded in the land records. If you don't want your name on the deed then you need to arrange to have the title held by another entity such as the trustee of a trust. In that case, the property would be owned by the trust.NO. Ownership of real estate is evidenced by a deed recorded in the land records. If you don't want your name on the deed then you need to arrange to have the title held by another entity such as the trustee of a trust. In that case, the property would be owned by the trust.