When the trust owner dies, the trustee can transfer property out of the trust by using a quitclaim or grant deed transferring ownership of the property to the beneficiary. Here are details on the process and what to do with the inherited property if you're the beneficiary. Estate planning is a complex process.
Amending a trust deed is process that should be treated as requiring careful planning, consideration and intentionality. Indeed, unintended (and undesirable) consequences can flow from a purported trust amendment that has been undertaken with such consideration, such as a resettlement of the trust.
In real estate law, "assignment" is simply the transfer of a deed of trust from one party to another.
To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.
And if someone wants to put you on their deed, they must tell you — not surprise you. Otherwise, you could lose the property over a court challenge that you never acknowledged receipt of the deed during the transferor's life.
Yes, you can sell a home with a Deed of Trust. However, just like a mortgage, if you're selling the home for less than you owe on it, you'll need approval from the lender.
Texas doesn't require you to record your trust. As long as it's signed, notarized, and properly funded, it's valid.
After the deed has been signed and notarized, the original needs to be filed and recorded with the county clerk in the county where the property is located. You can mail the deed or take it to the county clerk's office in person. Only original documents may be recorded.