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A grantor may place a mortgaged home in a living trust by signing a warranty or quitclaim deed from the current owners to the trust. In this case, the deed would name the living trust as grantee and would be and recorded just like any other property transfer.
Transfer Your Home Into the Trust You must complete the deed transferring ownership of the property before a witness and a notary public and have the deed notarized. You must submit the deed and a PT-61 tax transfer document to the Superior court clerk in your county.
How do I transfer my property into a trust in Georgia? Step 1: Create a Trust Document. Step 2: Transfer the Assets. Step 3: Notify Creditors and Beneficiaries. Step 4: File the Trust with the Court.
The assets you cannot put into a trust include the following: Medical savings accounts (MSAs) Health savings accounts (HSAs) Retirement assets: 403(b)s, 401(k)s, IRAs. Any assets that are held outside of the United States. Cash. Vehicles.
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.
Here are the steps to completing a deed transfer in Georgia: Names the Current Owner and New Owner. Contains a Description of the Property. Signed by Current Owner. Two Witnesses: Unofficial Witness & Notary Public. Complete a PT-61, Transfer Tax Form. Record Deed in County Real Estate Records.
For instance, personal property is relatively simple to transfer into a trust. It merely requires a signed statement that lists the assets being transferred. If the personal property is titled in the grantor's name, such as a boat or a motor vehicle, it must be transferred with the correct type of deed.
Georgia Trust Requirements. An express trust in Georgia must be evidenced by a writing signed by the settlor or someone acting under power of attorney with the settlor's express consent. The settlor of a Georgia trust must have legal capacity to create the trust.