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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.

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19y 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.


How to record ownership in trust?

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.


What is acceptable evidence of a marketable title in real estate?

A title examination that shows no title defects or other encumbrances, and, title to be in the seller is acceptable evidence of marketable title.


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 I sell property which deed is transferred to California survivor's trust?

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.


Must an unwritten debt to deceased parents be paid by a daughter to the estate in irrevocable trust?

In reality, if there is no written proof of the debt, the estate cannot collect.


Can title to property held in a foreign country be held in a trust for QPRT purposes?

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.


What is supplemental deed of trust?

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.


What happens if there is a sole beneficiary and a trustee sole benficiary dies what happens to the trust corpus?

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.


Can an estate be named as a beneficiary in a will or trust?

Yes, an estate can be named as a beneficiary in a will or trust.


Who has the legal title of the property in a trust?

Trust property.The title to the trust property is held by the trustee.Trust property.The title to the trust property is held by the trustee.Trust property.The title to the trust property is held by the trustee.Trust property.The title to the trust property is held by the trustee.


Can you hold ownership of real estate through a secondary contract without being on the deed?

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.