Oregon Deed and Assignment from Trustee to Trust Beneficiaries

State:
Multi-State
Control #:
US-OG-049
Format:
Word; 
Rich Text
Instant download

Description

This form addresses the situation where properties are held in trust and the trustee desires to transfer those properties to the beneficiaries named in the trust agreement.

How to fill out Deed And Assignment From Trustee To Trust Beneficiaries?

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FAQ

The Oregon Trust Deed Act allows the lender to assigns a deed to a third-party (trustee). The trustee must be one of the following: An attorney under the Oregon State Bar. A law firm under the Oregon State Bar.

The transferee must have been a beneficiary of the trust when the property was acquired and became an asset of the trust (i.e. the relevant time). There must be no consideration for the transfer and the transfer of property from trustee to beneficiary must not be part of a sale or other arrangement.

Most counties charge a flat fee of between $95.00 and $110.00, plus an additional $5.00 for each page of the deed. A clerk may charge a $20.00 penalty fee if the clerk accepts for filing a deed that does not comply with Oregon's formatting requirements or omits necessary information from the deed's first page.

In real estate law, "assignment" is simply the transfer of a deed of trust from one party to another. This usually happens when the beneficiary of a trust deed sells their loan to another lender.

The key disadvantages of placing a house in a trust include the following: Extra paperwork: Moving property in a trust requires the house owner to transfer the asset's legal title. This involves preparing and signing an additional deed, and some people may consider this cumbersome.

This transfer doesn't usually lead to an immediate tax obligation, meaning no tax is levied for merely changing the ownership. However, the trust, which now owns the stock, may become liable for taxes on dividends and capital gains from the stock.

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.

?You'll need to file a quit claim deed and a change of ownership form that transfers title from your name to the trust," said Banuelos. ?If you own several commercial investment properties, you might own each of the properties through an individual LLC to limit your liability.

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Oregon Deed and Assignment from Trustee to Trust Beneficiaries