The answer depends upon whether your mother is the current trustee of her living trust. When we draft a living trust for someone who owns the property going into the trust, the person who owns the property deeds it from herself as an individual to herself as the trustee of the living trust. While she would be both the trustor and the initial trustee, the trust document should designate a successor trustee to take over when the original trustee either can no longer continue to function as the trustee or simply wants the successor trustee to take over the task. If your Mom is the original trustor and the current trustee, and if she is competent to act on her own behalf, she can deed the property to you. In the deed, she would be named as the trustor and current trustee of her trust and you would be the grantee named in the Deed. She could also deed the property to you as the trustee of your living trust, but you would have to have your living trust created beforehand in order to make that happen.
Answered on Feb 27th, 2014 at 7:50 AM