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

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

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
PREMIUM
Answered

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.