Would I use a quitclaim or warranty deed to transfer the property to myself? 22 Answers as of August 19, 2013

My mother, who has passed away, left me her properties in living trusts.

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Law Office of Thomas C. Phipps | Thomas C Phipps
A quit claim deed is easier to do. You will transfer it from yourself as trustee, to yourself as an individual.
Answer Applies to: Missouri
Replied: 8/19/2013
Christine Sabio Socrates Attorney at Law | Christine Socrates
The trustee of the trust would need to quitclaim a deed to you.
Answer Applies to: Ohio
Replied: 8/14/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
You would use a trustee deed from you the trustee to you as the beneficiary. You are advised to seek the assistance of a estate attorney or probate attorney so you don't cause yourself some grief later on, today's actions have long term effects, and the trust provisions must be carried out correctly. Did you file the will with the probate court?
Answer Applies to: California
Replied: 8/14/2013
Frederick & Frederick PLC | James P Frederick
Neither one. You would use a trustee deed, also known as a fiduciary deed. This is best done by an attorney. It is not expensive.
Answer Applies to: Michigan
Replied: 8/14/2013
Gates' Law, PLLC | Thomas E. Gates
The Trustee would be the grantor and you the grantee.
Answer Applies to: Washington
Replied: 8/14/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    You would normally use a Bargain and Sale Deed. If you have not had the assistance of a lawyer with the trust administration, you might want to see one now, to make sure that everything is done which needs to be done.
    Answer Applies to: Oregon
    Replied: 8/14/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Yes the trust can either quitclaim or use a warranty deed to you with the trust as the grantor and you as the grantee.
    Answer Applies to: Florida
    Replied: 8/14/2013
    James Law Group
    James Law Group | Christine James
    It is impossible to say what you should do without seeing how title is held. If it is in your mother's trust you have to file an affidavit of death of trustee first and the the deed, as long as you are trustee of the trust. Quitclaims are usually used but make sure this is all done correctly, because if not you may affect title to the home and the ability to sell in the future.
    Answer Applies to: California
    Replied: 8/14/2013
    Grant Morris Dodds, PLLC
    Grant Morris Dodds, PLLC | David M. Grant
    In the State of Nevada, while you could use a quitclaim deed, you would probably want to use a Grant, Bargain, Sale deed to effectuate the transfer of your mother's home from her living trust to you. In the State of Nevada you would also want to file the Declaration of Value form, using exemption number 7, "Transfer from a trust," along with the deed. This will ensure you do not pay any real property transfer tax on the conveyance.
    Answer Applies to: Nevada
    Replied: 8/14/2013
    Law Office of Edward M. Burgh, APC | Edward M. Burgh
    The Trustee of the Living Trust that holds the property will probably decide that.
    Answer Applies to: California
    Replied: 8/14/2013
    Estrada Law P.C. | Michele Ungvarsky
    Ask your county clerk. Each is slightly different in their requirements.
    Answer Applies to: New Mexico
    Replied: 8/14/2013
    Arthur H. Geffen, P.C.
    Arthur H. Geffen, P.C. | Arthur Geffen
    You would probably want to use a special warranty deed. You want to make sure that you do not do anything that might disturb the title warranty that a title company issued in connection with your mother's acquisition of the property. Consult a local Real Estate Lawyer.
    Answer Applies to: Texas
    Replied: 8/14/2013
    Attorney At Law | James G. Maguire
    It would have to be done through probate, not a quitclaim or warranty deed.
    Answer Applies to: Louisiana
    Replied: 8/14/2013
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    Instead of jumping to the end of the administration of a trust, you need to retain an attorney to assist you in doing all the legal things you need to do along with assisting you with the accounting that is required. Usually an "administrative trust" is created to move through the period of time between the death of the trustor and the distributions to the beneficiaries. The period of administration varies in each situation and may be as short as a few month or as long as a year or two, depending on what needs to be done during administration. In making transfers of property, I usually use grant deeds. Insurance on the property should be reviewed to make sure that the title insurance carries over to the new owner with the deed. That depends on the policy that was issued on the real property when it was purchased. Many expenses of administration are tax deductible. The successor trustee of the trust, when hiring an attorney, pays for those services from the trust, and they are deductible. There are many complications, legally, tax wise, etc., and the best thing to do is get good advice on your particular situation.
    Answer Applies to: California
    Replied: 8/14/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Are you the trustee? If so, are you sure you want to transfer it? I think you need to talk with an accountant and an attorney to make sure the transfer makes sense. If it does, either deed would work.
    Answer Applies to: Idaho
    Replied: 8/14/2013
    Victor Varga | Victor Varga
    Quitclaim.
    Answer Applies to: Maryland
    Replied: 8/14/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If you have taken care of all matters preliminary to distribution of the estate, the actual transfer would be via a "Trustee's Deed".
    Answer Applies to: Minnesota
    Replied: 8/14/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You need a certificate of incumbency and a trustee's deed. Seek counsel if unsure how to achieve this.
    Answer Applies to: Nevada
    Replied: 8/14/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Either, but use a warranty deed if you can.
    Answer Applies to: Michigan
    Replied: 8/14/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    If the property is in her trust, then the trustee would sign a Trustee's Deed to transfer property that is required to be transferred from the trust. For more information, consult with an attorney who specializes in trust administration.
    Answer Applies to: Colorado
    Replied: 8/14/2013
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    If you are the successor trustee of your mother's trust, you should use a trustee's deed to transfer the real estate to yourself. If you are not the trustee, ask the trustee for a trustee's deed.
    Answer Applies to: Missouri
    Replied: 8/14/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Depends on the circumstances, but generally warranty deeds with title insurance are preferable.
    Answer Applies to: Michigan
    Replied: 8/14/2013
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