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