Skip to main content

Is a transfer of deed needed in order to transfer real property into a trust?

Hi, if we are considering an irrevocable trust, is a transfer of deed needed?

18

7

Barrister
Barrister

65,716 satisfied customers

View context
Solved

If you are planning on transferring real estate into the trust, then yes, you have to do so by executing a new deed transferring title from the individual owner (the Grantor) over to the trust (the Grantee) in the care of the trustee of the trust.

0

Transfer on Death (Beneficiary) Deed Form

Full Conversation


Hi, if we are considering an irrevocable trust, is a transfer of deed needed?

Lexi

Lexi, Chatbot

Could you please specify which type of property you are considering transferring into the irrevocable trust?

House.

Lexi

Lexi, Chatbot

Thank you for that information. Could you tell me if there is currently any mortgage on the house?

No mortgage.

Lexi

Lexi, Chatbot

OK. Thanks for the info. The Expert can help with your question about transferring a house deed into an irrevocable trust. Is there anything else they should know before I connect you?

No.

Barrister

Barrister

Hello and welcome to the site! My name is Barrister and I am a licensed attorney and I am here to help with your situation.

Barrister

Barrister

If you are planning on transferring real estate into the trust, then yes, you have to do so by executing a new deed transferring title from the individual owner (the Grantor) over to the trust (the Grantee) in the care of the trustee of the trust.

Barrister

Barrister

People often make the mistake of thinking that if they just say a property is in a trust by listing the address, that is legally sufficient to transfer it. It is not and they then later find out about this mistake—usually at a very bad time.

This is all so overwhelming, in deciding what is best. Please guide me here: the plan is to complete a will, an irrevocable trust, and a transfer on death deed to cover a small estate?

Barrister

Barrister

That would be more than adequate to cover any estate—small or otherwise. But each person should also have powers of attorney for themselves: medical as well as financial, and that completes the plan.

Does each person need their own irrevocable trust?

Barrister

Barrister

That would depend on whether different people have different assets and different plans on what to do with them.

For a married couple with the same plans?

Barrister

Barrister

Then no.

Barrister

Barrister

I hope I was able to clear up any questions you had about the situation. It was my pleasure to work with you and help with your question.

Hi Barrister, is the no contest clause a separate document or can the phrase be added anywhere in the will? There is only one beneficiary and one exclusion.

Barrister

Barrister

65,716 satisfied customers

Barrister
Welcome! Have a similar question?

5 lawyers online now

Disclaimer


By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.

Ask a Lawyer Logo
Ask a Lawyer Logo
Intake Questions
Step of 3
Loading...
Loading...

How do you like to pay?

By proceeding with payment, you agree to our Terms and Privacy Policy. You authorize us to charge $ today and $ thereafter until canceled. You may cancel anytime in the My Account section to stop future charges.

Total Due:

After purchasing, your chat will begin with an attorney.

By proceeding with payment, you agree to our Terms and Privacy Policy. You authorize us to charge $ today and $ thereafter until canceled. You may cancel anytime in the My Account section to stop future charges.

Total Due:

After purchasing, your chat will begin with an attorney.

It looks like you already have an account with Ask a Lawyer.

We have sent you a magic link to . Click the link in your email to sign in and continue your chat.

spin

Step of 6 •

You'll receive an email at as soon as the lawyer joins the conversation 🙏🏻😊

Over 90% of lawyers connect within 5 minutes. If you're not online at that moment, don't worry — the lawyer will reply to your message while you're away.

You're also welcome to stay in the chat while waiting to be connected 💬✨

Waiting for lawyer