Posted on: 19th Feb, 2008 01:17 pm
hi, my mom had a trust and will prepared 2 years ago and the attorney did not take care of transferring her assets to her trust. this week we have visited all the banks and changed them to the name of the trust. still need to do her car. now she would like to put her house in the name of the trust to avoid probate. i called the register of deeds and they said to do this with a quit claim deed. a local title company gave me an appropriate form. looks pretty straight forward. but i called the attorney and he wants $250 to take care of the paperwork and put the house in escrow, blah blah blah, thinks the deed should be filed after her death. times are tough. is he just trying to earn a living? mom only has $100,000 in assets including her house. maybe she didn't even need a trust. should i just do this and cancel the appointment.
Hi Deb,
Welcome to the forum.
Quitclaim deed is really straight forward and you can do it for your own. But it is better to take help from an attorney to avoid any mistake. Chances are less to have a mistake if an attorney fills it up. You may have to pay $250 but I think it will help you in the loan run.
Thanks,
Larry
Welcome to the forum.
Quitclaim deed is really straight forward and you can do it for your own. But it is better to take help from an attorney to avoid any mistake. Chances are less to have a mistake if an attorney fills it up. You may have to pay $250 but I think it will help you in the loan run.
Thanks,
Larry
Hi Deb,
Welcome to our forum.
I'm not a legal professional but as much as I know, there is a specific time period in every state during which you need to file the deed or else it becomes invalid. So, ask the Register of Deeds as to what is the time period in your state up to which you can file the deed.
Moreover, I feel there's no harm in transferring property to trust before your mom passes away. Therefore, the deed should be filed as soon as it is notarized.
Good luck
Welcome to our forum.
I'm not a legal professional but as much as I know, there is a specific time period in every state during which you need to file the deed or else it becomes invalid. So, ask the Register of Deeds as to what is the time period in your state up to which you can file the deed.
Moreover, I feel there's no harm in transferring property to trust before your mom passes away. Therefore, the deed should be filed as soon as it is notarized.
Good luck
The attorney sounds like he is trying to make a buck. No escrow is required in this situation. You may use the form the title company gave you. Make sure the deed is notarized and recorded in the county recorder's office in the county where the property is located. Do it now, not after death.
