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

Q: Grantor conveys property into trust a. Later conveys into trust b without revoking a.

Is the property in a or b. If still in trust a, does subsequent deed conveying trust into trust b affect title chain..can it be left recorded as is or is there some type of procedure needs to be done

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

A: Based upon the facts you supplied, the property is still in trust a. The conveyance to trust b would be considered a "wildcat" deed. It would not change the current vesting, but it does create what is called a "cloud" on title. If you try to sell the property, a title company might require a quitclaim deed from trust b to clear that cloud.

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

A: A deed cannot be "unrecorded". A new deed should be drafted and recorded so that the property is in the proper trust.

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

A: The answer to your question depends on the language in your specific deeds. If the grantor is still alive and has a revocable trust, it’s possible the property could be in either trust. Some people have more than one trust (for example, a separate property trust and a community property trust) and, depending on the circumstances, it’s also possible to transfer property from one trust to another without dissolving the first trust. Take your deeds to a local lawyer to be sure you’re on the right track. You don’t want a cloud on the title to be dealt with after the Grantor has passed and can’t sign a new deed to quickly and easily fix it.

Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Estate Planning Lawyer
  • Knoxville, TN

A: You will need to perform a title search on all three chain of titles to determine what is actually record. Time can make improper transfers legally binding.

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