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

UPDATED: Jul 11, 2012

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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 10 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.

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