Q: Which deed to use for transferring property to a revocable living trust in Virginia?
I own a fully paid-off property in Henrico, VA, purchased with cash and confirmed to have no liens through a thorough title search and title insurance. I want to transfer this property to a revocable living trust I recently established to avoid probate. Could you advise on whether a Quitclaim deed or a Warranty deed would be more appropriate for this transfer? No specific concerns exist about the property, and I haven't yet consulted any legal advisors.
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A: Hire a VA attorney to draft that Deed. It must go to the Trustee with specific language so that he can convey the property later without question. Your Trust needs to be examined for enforceability, but probably does not exist until corpus is conveyed to the Trustee. QCD or WD is irrelevant unless you think the Trustee is going to sue the Grantor for breach of covenants of title. They are probably the same person.
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