Would I use a quitclaim or warranty deed to transfer the property to myself?

Question

My mother, who has passed away, left me her properties in living trusts.

Thomas Phipps · Answer

A quit claim deed is easier to do.  You will transfer it from yourself as trustee, to yourself as an individual.

Ben Liu · Answer

Either, but use a warranty deed if you can.

John Brennan · Answer

Depends on the circumstances, but generally warranty deeds with title insurance are preferable.

Dara J. Goldsmith · Answer

You need a certificate of incumbency and a trustee's deed. Seek counsel if unsure how to achieve this.

Richard Keyes · Answer

If you are the successor trustee of your mother's trust, you should use a trustee's deed to transfer the real estate to yourself. If you are not the trustee, ask the trustee for a trustee's deed.

Bernard H. Greenberg · Answer

If the property is in her trust, then the trustee would sign a Trustee's Deed to transfer property that is required to be transferred from the trust. For more information, consult with an attorney who specializes in trust administration.

James Frederick · Answer

Neither one. You would use a trustee deed, also known as a fiduciary deed. This is best done by an attorney. It is not expensive.

James Maguire · Answer

It would have to be done through probate, not a quitclaim or warranty deed.

Victor Waid · Answer

You would use a trustee deed from you the trustee to you as the beneficiary. You are advised to seek the assistance of a estate attorney or probate attorney so you don't cause yourself  some grief later on, today's actions have long term effects, and the trust provisions must be carried out correctly. Did you file the will with the probate court?

Christine James · Answer

It is impossible to say what you should do without seeing how title is held. If it is in your mother's trust you have to file an affidavit of death of trustee first and the the deed, as long as you are trustee of the trust. Quitclaims are usually used but make sure this is all done correctly, because if not you may affect title to the home and the ability to sell in the future.

Christine Socrates · Answer

The trustee of the trust would need to quitclaim a deed to you.

Brian Haggerty · Answer

You would normally use a Bargain and Sale Deed. If you have not had the assistance of a lawyer with the trust administration, you might want to see one now, to make sure that everything is done which needs to be done.

Mark T. Peters · Answer

Are you the trustee? If so, are you sure you want to transfer it? I think you need to talk with an accountant and an attorney to make sure the transfer makes sense. If it does, either deed would work.

Thomas Edward Gates · Answer

The Trustee would be the grantor and you the grantee.

Michele Ungvarsky · Answer

Ask your county clerk. Each is slightly different in their requirements.

Neal Michael Rimer · Answer

Instead of jumping to the end of the administration of a trust, you need to retain an attorney to assist you in doing all the legal things you need to do along with assisting you with the accounting that is required. Usually an "administrative trust" is created to move through the period of time between the death of the trustor and the distributions to the beneficiaries. The period of administration varies in each situation and may be as short as a few month or as long as a year or two, depending on what needs to be done during administration. In making transfers of property, I usually use grant deeds. Insurance on the property should be reviewed to make sure that the title insurance carries over to the new owner with the deed. That depends on the policy that was issued on the real property when it was purchased. Many expenses of administration are tax deductible. The successor trustee of the trust, when hiring an attorney, pays for those services from the trust, and they are deductible. There are many complications, legally, tax wise, etc., and the best thing to do is get good advice on your particular situation.

David M. Grant · Answer

In the State of Nevada, while you could use a quitclaim deed, you would probably want to use a Grant, Bargain, Sale deed to effectuate the transfer of your mother's home from her living trust to you. In the State of Nevada you would also want to file the Declaration of Value form, using exemption number 7, "Transfer from a trust," along with the deed. This will ensure you do not pay any real property transfer tax on the conveyance.

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Would I use a quitclaim or warranty deed to transfer the property to myself?

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