Los Angeles, CA asked in Estate Planning for California

Q: Is there a form to put my real estate property into my living trust? How can I get the form?

My house is in Massachusetts.

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: Real property is transferred by deed. Deed forms and procedures vary wildly by state. An attorney will need to evaluate various forms of conveyance to determine which deed style suits your situation the best. It could be a quitclaim deed, grant deed, bargain and sale deed, special warranty deed, general warranty deed . . . you get the idea . . . there are a lot options. The determination will be based upon state law with consideration also given to how you acquired title and whether you have title insurance.

In other words, this is not a do-it-yourself project. I have seen many situations in which $500 spent to do something this right thing would have saved $50,000 in litigation expenses later. Don't be penny wise and pound foolish when it comes to real estate. My best advice to you would be to hire a Massachusetts real estate or estate planning attorney to assist you. Usually real estate is one of the most, if not the most, valuable assets in any estate, and you want to do this right.

James Edward Berge agrees with this answer

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
Answered
  • Estate Planning Lawyer
  • Carlsbad, CA
  • Licensed in California

A: You just use a deed. The deed transfers the property from the current owners to You, Trustee of the You Trust, dated Whenever, 1905.

There might be an extra form to go with it and there will be a small fee. The county recorder there is Mass should have a web site to give instructions.

James Edward Berge agrees with this answer

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