How can he sign the house over to me that is in the trust? 24 Answers as of September 20, 2012

His grandfather left my father money and two properties. My father is now incarcerated. The house is going unused. He only wants to give me the property with the house on it as a wedding gift.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of William L Spern | William Spern
If he is trustee or titleholder, he can feed the property over to you.
Answer Applies to: Michigan
Replied: 9/20/2012
Edward L. Armstrong, P.C. | Edward L. Armstrong
He can relinquish any interest in this property by notifying the trustee who can then issue a deed to you. This may have gift tax implications for your father even though he is incarcerated.
Answer Applies to: Missouri
Replied: 9/20/2012
Slotnick & Schwartz
Slotnick & Schwartz | Leonard T. Schwartz
If it is in a trust the terms of the trust apply.
Answer Applies to: New Jersey
Replied: 9/20/2012
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
I assume that the property your father intends to give you is titled to a trust. Each Trust can be different. It is necessary to review the Trust document itself to answer your question. Contact the trustee to determine whether it can be done.
Answer Applies to: Minnesota
Replied: 9/20/2012
Blough Law Office | Janis L. Blough
Your father needs to sign either a quit claim or warranty deed to the property as successor trustee, deeding it to you. The legal description should be on the tax bill (or available from the local assessor's office), and any experienced attorney can prepare the deed for a nominal fee. Presumably someone at the jail/prison is a notary and can notarize his signature. Good luck!
Answer Applies to: Michigan
Replied: 9/20/2012
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    If your father was the trustee, and a beneficiary of the trust as to receipt of the house as his gift from the trust, then your father could issue a trustee deed from the trust to you that would need to be recorded in the county recorder office. If your father has already received the house pursuant to terms of your grandfathers trust, then your father could prepare and issue to you a grant deed to the house, which you should record, in the county recorder office. In either case, your father's signature needs to be notarized at the time of signing the deed.
    Answer Applies to: California
    Replied: 9/20/2012
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    You need to consult with an estate and trusts attorney who can help you with this, to make sure that any transfer is in accordance with the terms of the trust. That attorney will need to review the trust document, among other things. The fact that your father is incarcerated is not a problem as far as the trust is concerned, but you need to make sure the transfer is done correctly to avoid any problems later on.
    Answer Applies to: California
    Replied: 9/20/2012
    Frederick & Frederick PLC | James P Frederick
    Is it your father that wants to gift this property to you? Or is your grandfather still alive? If it is your father, it could be problematic, because Michigan has a Prisoner Reimbursement Act. He may need to make a payment to the State to offset the costs of his incarceration. Transferring the property might not be allowed for that reason. More research would be needed to see how and if that would be possible.
    Answer Applies to: Michigan
    Replied: 9/20/2012
    Masson Law Office
    Masson Law Office | Robin Abrahamson Masson
    The Trustee would have to sign a Trustee's Deed to transfer title to the house to you. The gift would have to be authorized under the Trust Agreement. You should work with an attorney who is familiar with both trusts and real estate.
    Answer Applies to: New York
    Replied: 9/20/2012
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If the property is in trust, and your father is trustee, then he has to deal with the property as the trust directs. He might be able to lease it to you, and give it to you at some later date. Someone needs to interpret the trust agreement and see what can be done.
    Answer Applies to: Oregon
    Replied: 9/20/2012
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    That is a complex question. Legal counsel should be consulted rather than posting a questions with limited details. Contact an attorney in the jurisdiction where the property is located to address the issues.
    Answer Applies to: Nevada
    Replied: 9/20/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    It will all depend on the language in the trust. Take a copy of the trust to an attorney for their review. That is really the only way to properly advise you.
    Answer Applies to: Nevada
    Replied: 9/18/2012
    Law Offices of Frances Headley | Frances Headley
    If the property remains in trust then he can not give it to you but could authorize you to use it.
    Answer Applies to: California
    Replied: 9/18/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Only the trustee can do it.
    Answer Applies to: Michigan
    Replied: 9/20/2012
    Neil J. Lehto, Esq.
    Neil J. Lehto, Esq. | Neil J. Lehto
    Without seeing the trust document, which may bar transfers, I cannot help you. There may be federal gift tax, state and local income and transfer tax issues associated with any transfers, too.
    Answer Applies to: Michigan
    Replied: 9/18/2012
    Skillern Law Firm
    Skillern Law Firm | Penni Skillern
    If he is incarcerated, it may mean that under his trust document, he is now incapacitated, and therefore he his successor trustee would manage the trust and it assets. I would suggest asking your father where his trust documents are to see who is the next successor trustee, and what incapacity language is included in the trust. It would be the responsibility of the successor trustee to act according to the trust and your father's wishes.
    Answer Applies to: Oklahoma
    Replied: 9/18/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You will need an attorney to assist in trying to transfer the property from your father to yourself.
    Answer Applies to: Michigan
    Replied: 9/18/2012
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    Property in a Trust can be distributed from the trust by the trustee. The Trustee does it according to the direction and powers of the trust. Your financial plan is not complete until it is co-ordinated with your estate plan. Will your family be provided for when you are gone? Without a Will, the court will decide.
    Answer Applies to: Georgia
    Replied: 9/18/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    That may depend upon whether the trust placed any restrictions on the transfer of the property by your father as to whether he has the right to transfer it to you. You would have to consult the trust itself.
    Answer Applies to: California
    Replied: 9/18/2012
    Martinson & Beason, PC
    Martinson & Beason, PC | Douglas C Martinson II
    He could sign a deed to you for the house. I recommend seeing an attorney and getting the attorney to prepare the deed and get it signed and notarized.
    Answer Applies to: Alabama
    Replied: 9/18/2012
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, there should be a deed granting interest/title in the property from the trustee of the trust to the beneficiary of the trust, your father. Your father may then execute a new deed granting interest/title to you, the wedding gift recipient. There may be other issues related to any mortgage or other encumbrance on the property, and possibly your father's incarceration, but generally transferring title is how real property is transferred in Maryland. Also, if the gift is more than the annual exclusion amount (presently $13,000), then you will need to file a federal gift tax return.
    Answer Applies to: Maryland
    Replied: 9/18/2012
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    If title to the house is in your father's name, he can sign and notarize his signature on a deed that transfers the real property to you. I suggest you retain an attorney to identify how title is held and possibly get a title policy on the transfer for your benefit. You could have your father sign a grant deed or a quitclaim deed to the property to accomplish the transfer.
    Answer Applies to: California
    Replied: 9/18/2012
    Gates' Law, PLLC | Thomas E. Gates
    The terms of the Trust define how the assets are to be managed and when, if ever, an earlier transfer is possible.
    Answer Applies to: Washington
    Replied: 9/18/2012
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney