Q: What do I do when the deed placing my home into a trust was filed before the trust was signed?

A: Do you want the property to be in a Trust or not? If not, you might need to file a Declaratory Judgment Action to determine Trust corpus. Otherwise the Trust can be amended to include the home.

A: If the deed was notarized on a date earlier than the date the trust was signed, then have the deed renotarized and record it again.

A: If the deed placing your home into a trust was filed before the trust was signed, this situation could create complications. The trust document is what governs the trust and outlines how assets within the trust are to be managed. Without a valid trust in place at the time the deed was recorded, the transfer might be considered ineffective.

One possible solution is to sign and date the trust document as soon as possible, ensuring it is properly executed. Afterward, you may need to re-record the deed to reflect the correct and effective date of the trust. This process ensures that the property is legally held in the trust according to the intentions outlined in the trust document.

It’s also important to review the specific details of your situation, as there may be additional steps required depending on your circumstances. Consulting with a legal professional who has experience in trust law can provide you with guidance tailored to your needs. This will help ensure that your property is correctly placed into the trust and that your estate plan is properly executed.