Legal Question in Wills and Trusts in California
I was recently led to understand that a QuitClaim deed never really affirmatively transfers real property to a trustee in a Trust, and that we would need a legal professional to draw up a deed to transfer interest out of one trust and into the other.
We currently have Quit Claim deeds on our home and our income property that supposedly put these properties into our revocable Living Trust.
I'm just confused. Is this true?? and what is the kind of deed we need to have for our real estate property, in order to have the homes transfer to a surviving spouse who can sell the property if needed and also to avoid probate?
Thank you very much
1 Answer from Attorneys
Either a grant deed or a quitclaim deed can be used to transfer real property to a living trust. It is best to have either one prepared and recorded by an attorney.
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