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Do I lose any rights if I put my trustee on my home deed so…

Customer Question
Do I...

Do I lose any rights if I put my trustee on my home deed so he can more easily getr property at my death (I'm 77). He gets the 400k home in the trust

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Calif.,Aptos

Lawyer's Assistant: Has any paperwork been filed?

Trust has just been noterized (8th)

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He lives in Florida, a teacher,owns his own home,known for 12 years, very close friend,in constant contact

Submitted: 6 months ago.Category: Real Estate Law
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7/29/2017
Real Estate Lawyer: Loren, Lawyer replied 6 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,296
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

Be aware, however, this is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. There is no obligation for you to accept the phone call offer, unless you want. While I am happy to speak to you, if you wish, I am also happy to continue online. So, there is no pressure to spend extra money.

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Real Estate Lawyer: Loren, Lawyer replied 6 months ago

If you want the trust agreement to cover the property then you need to convey the property into the trust. That, or have the property conveyed into the trust in accordance with your will.

That would place the title to the property in the name of the trust and allow your beneficiaries to avoid probate.

Otherwise, it will remain in your name and be subject to probate on your death.

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Customer reply replied 6 months ago
Property is in trust for succsesor trustee
Customer reply replied 6 months ago
land line(###) ###-####Larry moorman
Real Estate Lawyer: Loren, Lawyer replied 6 months ago

I attempted to accept your phone call request and received the following message:

"Payment for this service failed, please do not fulfill yet. We will attempt to reach this customer to fix the situation."

If you can resolve the problem (it is usually just a matter of confirming with your bank or credit card that the charge is authorized) I look forward to speaking with you.

Otherwise, I am happy to continue online with you.

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Real Estate Lawyer: Loren, Lawyer replied 6 months ago

The property must be titled to the trust for the trust to control and to avoid probate.

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Real Estate Lawyer: Loren, Lawyer replied 6 months ago

Are you still online with me?

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Customer reply replied 6 months ago
they ask for endless on line ids and accept none
Real Estate Lawyer: Loren, Lawyer replied 6 months ago

Did you wish to continue?

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Customer reply replied 6 months ago
My goal is to make it easy after death to give property to my son. Trust is in place. But he is in other state (Florida) i want to make transfer as easy as possible for him.
Real Estate Lawyer: Loren, Lawyer replied 6 months ago

Thank you for the clarification.

The easiest thing to do then is to quitclaim the property into the trust, if it is not titled to the trust already. That will avoid probate and the trust will just continue seamlessly after your death with your son as the beneficiary when you die. It does not matter in which state he resides.

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Real Estate Lawyer: Loren, Lawyer replied 6 months ago

You will want to run this by your estate planning attorney since, you have a trust for a reason, and to confirm there are not tax issues in transferring it to the trust.

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Customer reply replied 6 months ago
how do i quitclaim . he will be here next week
Real Estate Lawyer: Loren, Lawyer replied 6 months ago

You (or your attorney) simply prepare a quitclaim deed from you as grantor to the trust as the grantee. Then you sign it and record it with the county where the property is located.

Then it is titled to the trust.

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Real Estate Lawyer: Loren, Lawyer replied 6 months ago

Here is a link to a form deed:

QUITCLAIM DEED

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Real Estate Lawyer: Loren, Lawyer replied 6 months ago

Do consult local counsel, though, to check the trust and other estate planning issues before you start messing around with the title of record.

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Real Estate Lawyer: Loren, Lawyer replied 6 months ago

Did you have further questions? Have I answered your question?

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Real Estate Lawyer: Loren, Lawyer replied 6 months ago

Are you still online with me?

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Real Estate Lawyer: Loren, Lawyer replied 6 months ago

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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Loren
Loren
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Category: Real Estate Law
Satisfied Customers: 36,296
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Experience: 30 years of real estate practice experience.

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