QUESTION
Can I quick claim a deed to property to someone other than the person who is named in the trust and it be binding when I pass?
Asked on Sep 23rd, 2014 on Estate Planning - California
More details to this question:
I have a living trust set up and wanted to know without going through the lawyer I had set it up. Can I quick claim a deed to property to someone other than the person who is named in the trust and it be binding when I pass? Or do I have to take it out of trust first?
6 ANSWERS
Edwin K. Niles
Assuming that you are the present trustee, you can sign a deed as such. The term is quit claim. Be sure the deed is properly prepared and recorded.
Answered on Sep 24th, 2014 at 4:11 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Not knowing the terms of the trust as to whether any restrictions on the transfer of the property you want to Quit (not quick) Claim, you are advised to go to the lawyer to handle the transaction after reviewing the terms of the trust re property transfers. The old saying still applies "an ounce of prevention is still cheaper than a pound of cure".
Answered on Sep 24th, 2014 at 1:46 PM
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You can quitclaim it if the trust is revocable. Be careful, there may be tax consequences. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum.
Answered on Sep 24th, 2014 at 12:08 PM
We would have to know the Trust language; does it provide for you changing the beneficiaries?
Answered on Sep 24th, 2014 at 11:29 AM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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You should consult a probate and or real property attorney in your area. However, assuming it is a revocable living trust, and that you are the current beneficiary and sole trustee, you should be able to transfer the property, you would need to sign the deed individually, and as trustee of the trust. But you should definitely consult with legal counsel to make sure your wishes are achieved.
Answered on Sep 24th, 2014 at 10:40 AM
That would probably result in a lawsuit for the people involved. Consult your attorney to remove it from your trust then give a grant deed not a quit claim.
Answered on Sep 24th, 2014 at 10:34 AM