Monrovia, CA asked in Estate Planning and Real Estate Law for California

Q: Property is in trust. Trustees as individuals then quitclaim it to their daughter. Who owns

Trust transfer deed "jack and jill transfer to jack and jill as trustees of jack and jill trust" quitclaim deed "jack and jill transfer to daughter

3 Lawyer Answers
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: The trust still owns the property. The deed from them, as individuals, rather than trustees, did not convey good title to their daughter, because they, as individuals, did not own the property.

Howard E. Kane agrees with this answer

Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: A lawyer would need to read the language of your deeds to be sure but, assuming the language you gave us is the only language relating to gifting the property, it appears that the deed to the daughter is defective. Here's why. The owner's names must be EXACTLY the same as they are on the deed from which the owners received ownership of the property. So, if the deed granting the trust ownership said the owners are Jack and Jill, Trustees of the Jack and Jill Trust, then the very next deed MUST have those same exact words on it as the Grantors (the people giving away the property.) If there is a typo in the names on a deed (i.e., Jhon) and someone prepares the next deed in line correcting the typo (i.e., John), the Recorder will reject it. Unfortunately, deeds must be perfect or they will be rejected. But since employees of the Recorder's office are not allowed to give legal advice, they may not tell you exactly what is wrong with it.

Howard E. Kane
Howard E. Kane
PREMIUM
Answered
  • Estate Planning Lawyer
  • Oakland, CA
  • Licensed in California

A: To properly fund a trust with real estate, the individuals need to deed the property to the trustees of the trust and then record the deed. For the trustees of the trust to then transfer the property, they need to gift the property as trustees of the trust (not individuals) via deed. The subsequent deed must be recorded as well.

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