Denver, CO asked in Estate Planning and Real Estate Law for Pennsylvania

Q: Grantor needs to transfer her home into her living trust in PA. Should she use a quit-claim or a special-warranty deed?

She still has a mortgage.

2 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Boyertown, PA
  • Licensed in Pennsylvania

A: Either form of deed will serve the purpose.

Warranties, in a deed or any other document, assure the person to whom the warranty is given, and if breached, that person may be entitled to the grantor for the breach.

Inasmuch as the grantor's own living trust will be the grantee, there seems no need to provide any warranties in the deed.

1 user found this answer helpful

Michael Cherewka
Michael Cherewka
Answered
  • Estate Planning Lawyer
  • Wormleysburg, PA
  • Licensed in Pennsylvania

A: The first issue to resolve is PA is currently trying to impose realty transfer tax on deeds from grantors to their living trusts. You should consult with a PA attorney on that matter. Once RTT is resolved preference should be for special warranty deed to avoid any title insurance issues for successor trustees

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