Puerto Rico Deed and Assignment from individual to A Trust

State:
Multi-State
Control #:
US-OG-050
Format:
Word; 
Rich Text
Instant download

Description

With increasing frequency, individuals are transferring their mineral and royalty interests into trusts. Merely creating the trust is not adequate to accomplish this transfer. The individual must also transfer, by deed and/or assignment, the interest to the trust. This form addresses that situation.
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FAQ

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 trust will then hold property that will be used to pay the creditor. Thus, the debtor would be the assignor and the person who takes legal title to the property is the assignee. The assignee is also the trustee. The trust document would enumerate the terms of the assignment.

A trust is not a legal person, as a corporation is, and therefore it cannot be party to a contract or sign a contract. The trustee is the proper signatory.

An assignment is a gift by the assignor making the assignment to the assignee receiving the assigned interest. Assignments create tax issues for both the assignor and assignee. For example, consider an unmarried father who dies intestate ? without a will or trust ? and is survived by a son and a daughter ? his heirs.

'Express trusts have been a part of the law of Puerto Rico since enactment of §§ 1-41 of the Act of April 23, 1928, No. 41, page 294.

Transferring property out of a trust is the trustee's job. Generally, after the trustor passes away, the trustee notifies the trust's beneficiaries, enacts the trust's conditions and the beneficiaries receive the assets. In addition, the grantor's death makes the trust irrevocable.

Any assignment of a mortgage and any assignment of the beneficial interest under a deed of trust may be recorded, and from the time the same is filed for record operates as constructive notice of the contents thereof to all persons; and any instrument by which any mortgage or deed of trust of, lien upon or interest in ...

The Assignment of Property lists every item of trust property that you've indicated doesn't have a title document, plus ones you weren't sure about. It simply says that you're transferring all those items to you as the trustee of your trust. All you need to do is sign it and keep it with your trust document.

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Puerto Rico Deed and Assignment from individual to A Trust