Legal Question in Real Estate Law in Texas

Transfer of real estate to a living trust

I am establishing a revocable living trust with my wiffe and myself as trustees .

My home is now held jointly by my wife and myself.

What is the procedure to transfer the title for the house and lot to the living trust?

Thank you

Asked on 6/29/04, 4:19 am

1 Answer from Attorneys

Robert Restivo Restivo Law Firm
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Re: Transfer of real estate to a living trust

Howdy:

The transfer of title to a living trust is done through a grant deed ... well, a warranty deed in Texas.

The vesting will read something like "Me and My Wife grant to Our Living Trust, established Date, the following described property ...." Your trust should have the specific vesting in the early paragraphs. If not, use the title of the Trust and the date you signed it as the name of the trust.

It is possible to vest to "Me, Trustee of the Our Living Trust, est. &c.", but it's unnecessary to vest to a specific trustee. The Trust is actually the owner, and it makes it simpler to transfer later if trustees change.

Many lazy lawyers will prepare a quit-claim for transferring title to a living trust, but it's a sloppy method.

A title company should be able to prepare and record the deed for you, for about $100.

rkr

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6/29/04, 9:40 am

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