Can I quick claim a deed to property to someone other than the person who is named in the trust and it be binding when I pass? 8 Answers as of September 24, 2014

I have a living trust set up and wanted to know without going through the lawyer I had set it up. Can I quick claim a deed to property to someone other than the person who is named in the trust and it be binding when I pass? Or do I have to take it out of trust first?

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Assuming that you are the present trustee, you can sign a deed as such. The term is quit claim. Be sure the deed is properly prepared and recorded.
Answer Applies to: California
Replied: 9/24/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Not knowing the terms of the trust as to whether any restrictions on the transfer of the property you want to Quit (not quick) Claim, you are advised to go to the lawyer to handle the transaction after reviewing the terms of the trust re property transfers. The old saying still applies "an ounce of prevention is still cheaper than a pound of cure".
Answer Applies to: California
Replied: 9/24/2014
James Law Group
James Law Group | Christine James
You can quitclaim it if the trust is revocable. Be careful, there may be tax consequences. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum.
Answer Applies to: California
Replied: 9/24/2014
Danville Law Group | Scott Jordan
It is a Quit Claim Deed. If you are the trustee of your trust, you can buy or sell any asset as you deem necessary. If you simply giving away the property, you should consult with a tax expert regarding the tax consequence of gifting property to a third party.
Answer Applies to: California
Replied: 9/24/2014
Law Offices of George H. Shers | George H. Shers
We would have to know the Trust language; does it provide for you changing the beneficiaries?
Answer Applies to: California
Replied: 9/24/2014
    Law Office of Jeffrey T. Reed | Jeffrey T. Reed
    If you are the settler and current Trustee of the trust you can transfer the property to who ever you want. That being said, I?m not sure if you intend this to be an immediate transfer, which should not be a problem, or one that takes place when you pass? If the later, there may be better ways to accomplish what you want and avoid any dispute after you pass; you should probably talk with an attorney.
    Answer Applies to: California
    Replied: 9/24/2014
    The Law Offices of Tres A. Porter | Tres A. Porter
    You should consult a probate and or real property attorney in your area. However, assuming it is a revocable living trust, and that you are the current beneficiary and sole trustee, you should be able to transfer the property, you would need to sign the deed individually, and as trustee of the trust. But you should definitely consult with legal counsel to make sure your wishes are achieved.
    Answer Applies to: California
    Replied: 9/24/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    That would probably result in a lawsuit for the people involved. Consult your attorney to remove it from your trust then give a grant deed not a quit claim.
    Answer Applies to: California
    Replied: 9/24/2014
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