Clifton Park, NY asked in Estate Planning, Real Estate Law and Tax Law for New York

Q: what forms do i need to complete to transfer real property to a living trust?

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: Real estate is transferred using a document of conveyance called a deed. However, there are a variety of types of deeds, and the choice is not always obvious. I do not ever recommend using quitclaim deeds because of issues with insurability. That leaves possibly a warranty deed or a special warranty deed. Which to choose depends on other factors, such as whether you have title insurance on the property already and, if so, which policy form was used.

The attorney who drafted your trust for you should be able to help you with this. If that is not an option, click Find a Lawyer above and look for an estate planning attorney or a real estate attorney for assistance.

Please do not try to do this on your own. Real estate is the most valuable asset in most estates, and it is penny wise and pound foolish to try to save a few bucks when it comes to ensuring that your estate plan is in good order.

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