Can a home held in a living trust be re-deeded directly by the trustor or does it have to be taken out of the living trust first by the trustor?

UPDATED: Aug 4, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 4, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a home held in a living trust be re-deeded directly by the trustor or does it have to be taken out of the living trust first by the trustor?

My wife and I are my mother’s live-in caregivers. I am the trustee of her living trust that contains, among other things, her home/principal residence owned free and clear. She now wishes to deed that property to me, my wife, and herself, jointly, with rights of survivorship, effectively removing it from the assets held by the trust.

Asked on August 4, 2012 under Estate Planning, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am unsure why she would wish to deed the property via quitclaim or other form of transfer to all three of you as joint tenants with rights of survivorship because to do so would not benefit anyone.  First, while it is in the trust, it would be exempt from probate for certain while issues of transfer if not done properly may wind up still requiring probate if taken out of the trust. Second, you need to check with your state department of revenue and other taxing authorities and of course your accountant to see if this would currently impact all three of you with respect to taxes owed and deductions you may or may not qualify for each when filing taxes.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption