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Quitclaim deed from existing trust

Posted on: 20th May, 2008 12:16 pm
My mother passed away and a property and dwelling are in the trust and "willed" to my brothers and to me. Can a Quitclaim deed be used to transfer the property from the trust into our names?

Thanks
Welcome Emil,

I suppose the quitclaim deed can be used to transfer trust property to individuals. Check out more on this from http://www.mortgagefit.com/know-how/transfertrustproperty.html .
Posted on: 20th May, 2008 09:41 pm
If there is a Will already prepared, then all you need to do is, consult a probate lawyer on how to make the Will effective. Don't think a quitclaim deed is required anymore.
Posted on: 21st May, 2008 05:09 am
Only the trustee can transfer the property from the trust, and there must be a power of sale clause in the trust. Check the trust document and find these out.

A quitclaim deed may be used, but you are better off using a warranty deed or grant deed.
Posted on: 21st May, 2008 08:08 am
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