Baltimore, MD asked in Estate Planning for Connecticut

Q: In Connecticut, does a living trust need to be witnessed if it contains real property?

I didn't think so but then I came across this Thompson Reuters doc (written by CT lawyers) that says that a revocable trust does need to be witnessed in CT if it "conveys real property (Conn. Gen. Stat. Ann. § 47-5). " Now I'm not sure if my simple revocable living trust (that will contain my house) "conveys" real property so that I would need to get it witnessed. Thanks!

Related Topics:
1 Lawyer Answer
Steven Basche
Steven Basche
  • Estate Planning Lawyer
  • West Hartford, CT
  • Licensed in Connecticut

A: Very often after a revocable trust is created (or at the same time) the grantor who sets up the trust will transfer his or her house to the trust via a deed. It is unusual, very unusual, for the trust itself to convey real property.

So assuming you follow the procedure of setting up the trust and then doing a deed to the trust, it doesn't need to be witnessed.

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.