Q: My parent created a trust but forgot to add a family property that is shared with siblings.
Is an attorney needed to add the property or is there a form that can be filled out?
A:
Property is transferred to a Trust through means of a Deed or Assignment depending on whether the property has a ground rent. Different counties have additional requirements and all deeds require an intake (and in some cases affidavits). While deeds are not terribly complex, there are a lot of ways an improperly prepared deed can mess up title. Maryland law requires that deeds be Certified by the attorney preparing the deed (or a party to the instrument). Maryland law does not allow a non-lawyer to prepare a deed for someone else's Trust. If the property is in a state other than Maryland you would want to contact an attorney in that jurisdiction.
You mention that the property is "shared by siblings" -- one issue may be that if the siblings all own with survivorship rights, deeding one person's portion into trust will destroy the survivorship. So it is important before preparing a new deed to take a look at the existing deed and understand the intent of the various family members.
My law firm handles deeds into trusts for Maryland properties (both for Trusts we prepare and for clients whose Trusts were prepared by others). Your parent is welcome to reach out to us or contact any other real estate attorney of their choosing to get more information and/or assistance on deeding this property. While not legal advice or a promise to represent, I hope this information helps.
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