When transferring a grant deed from a trust, is that deed supposed to transfer directly from the trust to the successor?

My mother’s property is owned by her living trust. She passed away and I am the only successor in the trust. I have inherited her mortgage payments and have recorded the grant deed. Upon changing the name with the mortgage company, they are claiming that 2 grant deeds are supposed to be recorded; 1 from my mother’s trust into her name and 1 from her name to mine. I have a hard time understanding how this is possible. A notary can’t be performed for a dead person, right? I have been advised by the mortgage company to consult an attorney to expedite the process.

Asked on July 11, 2012 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you are correct. A deceased person can not sign a document before a notary. The requirements as to how the proeprty is transferred may be the issue.  SOme states have what is knowns as a beneficairy's deed and some may use an executor's deed.  The deed should be executed by the trustee to the beneficiary.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.