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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55001
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I am about to record a transfer grant deed (California)

Customer Question

I am about to record a transfer grant deed (California) which conveys title from my mother as trustee (home is in her trust) to myself as her successor trustee and my wife (joint tenant). I have already recorded an Affidavit of Incapacity of Trustee and Substitution (Change) of Trustee as Mother is incapacitated from dementia. So I need some help filling out the Grant Deed. Who is the Current Owner now? I'm assuming it's still Mother's Name, Trustee , Name of the Trust? If that is the case, I plan to sign the deed in my capacity as her attorney in fact. Is this how it works? I just want to make sure I don't have title issues later on.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you.

The current owner is the trust. So, you put the name of the trust as the owner of the property. And, since the property is titled in the trust and you are the successor trustee, you would then sign the deed in your capacity as successor trustee of the trust. It would not be appropriate to sign in your capacity as your mom's attorney in fact because she's not the owner.

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