Gillette, WY asked in Estate Planning and Real Estate Law for South Dakota

Q: How can we create a Living Trust when the farm land titles/deeds are not in current owners name?

My dad is in end stages of cancer and myself and my sister are looking into getting the estate into a trust. During this process we discovered that the farm land titles/deeds were never put into my dads name and are still in my grandpas name who passed in 2000. Grandpa had a will that named my dad as his beneficiary. Do we need to get the deeds in my dads name in order to create the trust? How do we proceed? Farm is by Aberdeen, SD

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