Q: How to transfer a deed for a real estate property into a living trust when one of the house owners has deceased?
My parents had a house and my mom passed away without a will. After that my dad has created and signed a revocable living trust with beneficiaries: me and my sister. Now we need to transfer the house into a living trust. Can my dad transfer the house deed directly to the living trust or first, he has to transfer the deed to his own name?
A: If the deed to the property was in both mom and dads name with right of survivorship, then dad should be able to transfer the deed directly to the trust.
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.
