Here is the rough outline: Select the trust that is best suited to your needs, such as a revocable living trust. Draft a trust deed and have it notarized so that it is legally binding. Record the deed at the county recorder's office. Notify the relevant parties, such as your mortgage lender and insurance provider.
One disadvantage of placing your house in a trust is the loss of direct ownership. Transferring your property to a revocable living trust makes the trust the legal owner. While you retain control as the trustee, this change in ownership may affect your ability to mortgage or refinance the property.
Yes, you can make your own Grant Deed. A lawyer is not required to prepare a valid and enforceable deed.
Example Scenario Obtain the Current Deed: Get a copy of your existing deed from the county recorder's office. Prepare a New Deed: Draft a grant deed transferring the property to “John Doe, as Trustee of The John Doe Living Trust, dated January 1, 2024.” Notarize the Deed: Sign the new deed before a notary public.
The grantor must sign the deed form and that signature must be properly acknowledged by a notary public. All signatures must be original; we cannot accept photocopies. A complete description of the property including the village, town, county and state where the property is located must also be included on the form.
Transferring a property into a living trust does not typically affect its assessed value. In fact, California law explicitly states that property taxes will not be reassessed if a house is transferred into a revocable trust 3.
Changing a revocable trust isn't as simple as verbally telling someone or even writing in changes. There are legal formalities that must be followed to ensure that your trust is changed properly and that your wishes are carried out. You should consult with a lawyer to help you make such changes.
While it's possible to amend a revocable living trust on your own, it's advisable to consult with an experienced estate planning attorney in California. They can provide legal guidance and ensure that your amendments comply with state laws.