Q: I want to know if the way my trust and deed are named/titled correctly.
In the early 2000’s my wife and I had a lawyer make a revocable living trust. The cover page named it “Trust agreement of John A. Doe and Jane A. Doe” however inside the trust it was named “The Doe Family Trust”. Different from both of those, our Property Title deed ended up showing the name of the trust as “The John and Jane Doe Family Trust”. In the late 2010’s another lawyer amended and restated the trust and keep the Trust name as “Trust agreement of John A. Doe and Jane A. Doe”. Our Property Deed Title still has the name of the trust as “The John and Jane Doe Family Trust”. Is this a problem that the current trust name and the trust name on the deed don’t match? How do I fix it? Thanks in advance!
A: Yes, it’s a problem. Technically, those are three completely different trusts. So, the house is in a different “trust” than the actual trust. There are ways to fix that problem including amending the deed and/or trust to state the proper name of the trust.
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A:
It is important for the names on your trust and property deed to match in order to avoid any confusion or potential legal issues. If the names are not the same, it can create problems when trying to sell or transfer ownership of the property.
To fix this issue, you will need to update the title of your property deed to match the current name of your trust. You should consult with a lawyer or real estate professional who can guide you through the process of updating the title. This may involve filing a new deed with the appropriate government agency or recording an amendment to the current deed.
It is also a good idea to review and update your trust periodically to ensure that it reflects your current wishes and circumstances. If you have any questions or concerns about your trust or property deed, it is best to seek professional legal advice to ensure that your assets are protected and your wishes are properly documented.
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