Legal Question in Real Estate Law in California

What forms are needed to have a name change from husband and wife as joint tenants to a family trust for real property in California and Arizona.


Asked on 5/25/11, 5:05 pm

2 Answers from Attorneys

I can't answer for Arizona, not being licensed there. For California, once you have a valid existing family trust, all you have to do is execute and record a deed from H & W as joint tenants, to H & W, trustees of the trust. The exact wording of the deed you would need to get from an attorney familiar with the trust documents, or a good title officer at a local title company.

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Answered on 5/26/11, 10:03 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Putting property into a trust, sometimes called "funding" the trust, is usually done by the attorney that created the trust. When by peference or necessity that won't be the case, you can either (1) find another professional or professionals to help you (lawyer, paralegal, title company, broker, etc.) or (2) do it yourself, following the outline described by Mr. McCormick.

Laws of the state in which the property is situated govern real-property transfers, so I would recommend finding deed forms customized for each state; after execution, each deed should be recorded in the county of the property's location.

Misunderstandings and mistakes in deeds can result in serious title issues later on, so be careful with everything you write into a deed form, including the granting clause, the legal description of the property, and any instructions to the recorder or tax collector regarding mailing the deed after recording, fees payable, tax exemptions, etc.

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Answered on 5/26/11, 11:57 am


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