| DATE: |
10/06/03 |
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|---|---|---|---|---|
| SUBJECT/TOPIC: |
DEEDS TO TRUSTS | |||
| Q: | Is a conveyance to a trust valid if the deed recites the “trust” as the grantee, specifies “zero consideration” and is dated prior to the acquisition by the grantor of the conveyed property? |
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| A: | Thanks for your question. There appear to be two issues. I think naming the trust as grantee rather than the trustee is probably okay, although not good practice. Generally speaking, trusts aren't entities like corporations. If the deed is a warranty deed then I think the doctrine of estoppel by deed would validate the transfer. If it was a quitclaim deed then it wouldn't. |
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