Can a property owned by a Revocable Living Trust be transferred using a quitclaim deed? - Estate Planning Law Questions and Answers- LawQA.com

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Can a property owned by a Revocable Living Trust be transferred using a quitclaim deed?

My parents transferred a second property to a revocable living trust in 2000. Now they want to transfer it to their children. Can this be done using a quitclaim deed?


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If your parents are the trustees of the trust then yes the transfer of land can be done with a quitclaim deed.

Answer Applies to: Florida
Replied: 12/5/2012

Answer By Edwin Fee

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I'm not sure there's any reason why someone would need to use a quitclaim deed in particular. The grantor of a revocable trust has the ability to reacquire the property. The best route probably would be for the trustee to convey the property to the grantor, and then the grantor could convey the property to the children. If the trust allows the trustee to make distributions to the children, then perhaps the trustee could convey the property directly to the children.

Answer Applies to: Maryland
Replied: 12/5/2012

Martinson & Beason, PC
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It can be. The deed would need to be from the trust and signed by the Trustee. A quit Claim Deed means there is no warranty of title to the property. I could Quit Claim the Brooklyn Bridge to you and you would get whatever interest (nothing) that I owned in it.

Answer Applies to: Alabama
Replied: 12/5/2012

Answer By Frances Headley

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The property may need to be removed from the trust first. You should consult a estate planning/real estate attorney to review all of the documents and advise you how best to proceed. The use of the quitclaim form of deed should not be problem once you know the best procedure to use.

Answer Applies to: California
Replied: 12/5/2012

Bullivant Houser Bailey PC
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Yes, by the trustees of the trust. Depending on the circumstances, it would be better to use a bargain and sale or warranty deed.

Answer Applies to: Oregon
Replied: 12/5/2012

Answer By Victor Varga

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Sure.

Answer Applies to: Maryland
Replied: 12/5/2012

Answer By Scott Pesetsky
SmartWills
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Yes, if done correctly. I bill the most when fixing "do-it-yourself" documents done wrong. Have an attorney do it right the first time.

Answer Applies to: California
Replied: 12/5/2012

Woolley Wilson, LLP
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Yes assuming they are they grantors. Use a special warranty deed to be sure.

Answer Applies to: Texas
Replied: 12/5/2012

Law Offices of Charles R. Perry
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A quitclaim deed may be used by the trustee of a trust to transfer property to someone else. I would consult with a trusts and estates lawyer to ensure that you prepare and record any other necessary papers, and that you otherwise handle this transaction properly. You want to make sure that the chain of title (in other words, the history of ownership) of the property is 100% obvious to anyone looking at the public records. Verifying this requires a reading of the deed from your parents into the trust, and the proposed deed transferring the property to the children. You also want to make sure that the transfer does not trigger a re-assessment of the property's value that would result in a property tax increase.

Answer Applies to: California
Replied: 12/5/2012

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