Legal Question in Wills and Trusts in California

Timothy McCormick thank you for that excellent response, you have answered a lot of my questions with your expertise, thanks, JC

You said real property is not a trust asset until it is deeded into the trust by a deed to the trustee. If a property is deeded into the trust by a deed to the trustee, is the deed in the name of the trustee? If the trustees name is John Doe, will the deed have John Does name on it or will the deed have the words trustee of the settlor's trust? Thanks JC


Asked on 5/22/11, 12:22 pm

1 Answer from Attorneys

I should correct slightly my previous answer. If the property is scheduled into the trust by the trust documents, it technically is in the trust, but just as if I deed you a piece of property and you never record the deed, as far as the rest of the world is concerned I still own the property and anyone who relies on that condition of title in the public record prevails over our private deal. With that said, the normal way to identify ownership of real property to be held in trust is this format: [Name of Trustee(s)], trustee[s] of the [Name of Trust] dated [Date of Trust]. So for example: "John Doe and Jane Doe, trustees of the John and Jane Doe Revocable Family Trust dated October 31, 2009." That is, however, a generalization. An attorney familiar with the trust, or a title expert such as a title officer at a local title company should be consulted on the exact wording before any deed is recorded.

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Answered on 5/22/11, 6:08 pm


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