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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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If one spouse is incapacitated and is unable to sign her

Customer Question

If one spouse is incapacitated and is unable to sign her name to a deed with the deed being in a revocable trust, and the trust states that the surviving spouse would take over as trustee in case of incapacitation, what would the wording be on the grant deed transferring the property out of the trust?
Submitted: 8 months ago.
Category: Estate Law
Expert:  RONB-ESQ replied 8 months ago.

It is my goal to provide you excellent service and do my best to fully answer the question you posted. The only way I get any credit for my answer is if you give me a positive rating between good-excellent. I would truly appreciate you taking the time to go back and review my answer and give me feedback. In the event you don’t feel like I answered your question please reply so I have an opportunity to fully answer the question you asked

Regards,

Ron

Expert:  RONB-ESQ replied 8 months ago.

Are you asking about the wording on the deed or what you would sign in place of her on her signature line?

Expert:  RONB-ESQ replied 8 months ago.

Many trust contain a provision that upon a doctor's certification that trustee is incapacitated then the successor trustee takes over or all duties go to co-trustee, I am unsure if I understand the question. The spot where you sign should just indicate a spot for the trustee to sign. If both trustees must sign then you would need to look to language in the trust as to how to handled when one is incapacitated. You will likely need to record the trust or a memorandum of trust along with the deed. The title company will probably require this. They may also require that any doctor's signature is signed on a document where he acknowledges in front of a notary so they can record that as well.

No phone call is required, but if that would be easier I am happy to offer one for a modest additional price.

Ron

Expert:  RONB-ESQ replied 8 months ago.

Please ignore my first response it should have said this I apologize.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

Expert:  RONB-ESQ replied 8 months ago.

Please note I am going to run an errand so I will be offline for about 1 hour. You are welcome to reply here to my questions so that I can fully answer your question. I will respond to any replies upon my return.

Expert:  RONB-ESQ replied 8 months ago.

I am logging off for the night and will be back online around 2:30 PM CST tomorrow. Before then could you answer the question I posed, "Are you asking about the wording on the deed or what you would sign in place of her on her signature line?" I will respond when I log on tomorrow, but if you could answer this question it would help me better understand what you are asking and provide you the best answer.

Ron