DATE:

05/27/04

SUBJECT/TOPIC:

DEEDS TO TRUSTS AND TRUSTEES

  Q:

Does a deed to conveying to XYZ Trust make a valid conveyance? Or must the deed convey to Smith as Trustee for XYZ Trust?

  A:

The better and certainly the preferred way to do it is convey to the trustee. Nevertheless, from time to time you see it the other way. As long as there is in fact a trustee I think there is still a valid conveyance. It seems to me it's analogous to conveying to an individual using a d/b/a or an assumed name.

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