Deeds Lawyer

When using trusts in estate planning, a key element includes transferring the trustmaker’s real estate into the trust by recording a deed with the local recording authority. This step is crucial for ensuring that the trustee has the authority to manage and ultimately sell or transfer the property should the trustmaker become incapacitated or die.

 

If the trustmaker were to die without retitling the property in the trust’s name, the property may have to pass through the probate process even if the trustmaker had a will. 

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In some instances where a trust is not warranted or wanted, an individual may wish to hold title to their property with their spouse as joint tenants with rights of survivorship. The benefit of survivorship deed includes bypassing the probate court process while one spouse is still living.

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Quitclaim deeds are often necessary in divorce cases when one spouse is relinquishing or selling their interest in the marital residence to the other.

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Discussing the title to your property with an experienced attorney can help you determine what type of deed your need for your property.