Q: want house in a trust. Have no title yet, but in process adverse possession. Can i put it in name of trust or mine first
i lived in my house since 1960, have evidence of history of gas and light in my name and a sworn declaration from the 1980’s and neighbors as witnesses. I’m currently in the process of an adverse possession to get a title.
1.) Do I have to wait and get a title in my name first and then put the house in a trust after?
2.) or can I put it directly into name of the trust after the court rules in my favor?
Thank you.
A: I'm assuming that an adverse possession in process means that you already have an attorney. I recommend that you consult this very question with your attorney. Nevertheless, with the information you've provided, (1) you need to wait to obtain the real estate title in your name; and (2) you cannot place the property in the trust's name directly. The general rule is that one cannot cede a right that one does not have.
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