Legal Question in Real Estate Law in Arizona
Transfering property into a trust
I set up a trust for my mother using software from nolo. There's no mortgage on either of my mothers properties. The deeds filed with the county are in her and my father's name,and he died 5 years ago.
So, can the property be transferred from her and my father's name into a trust in her name? Or do I, first,have to transfer it from both of their names into her name alone, and then into a trust in her name. I live in the Phoenix area
1 Answer from Attorneys
Re: Transfering property into a trust
In general, title must be transferred from dad and mom to mom and then to the trust. What is required to do that depends upon how the title to the properties were held by mom and dad. A probate may be required.
You should consult with an attorney to make sure that you know what are the requirements to convey the properties to the trust and someone should review the trust to make sure that it was created properly and says what it should say.
Most important, does your mom have a durable health care power of attorney? a Will?
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