Legal Question in Real Estate Law in Arizona
transfer of property
My mother passed away and had two parcels of property in Dolan Springs, Arizona in her trust. I am her daughter and the trustee of her trust and sole survivor. What do I need to do to transfer these properties into my name and into my trust.
2 Answers from Attorneys
Re: transfer of property
It depends on the contents of your mother's trust. It may be as simple as filing your mother's death certificate in the real property records in the county of the property, but you should have a probate & trust attorney examine the document to make sure the transfer is complete.
Re: transfer of property
It depends on what the Trust document specifically states as to how these parcels are to be distributed upon her death. In general, though, presuming the land is to be distributed to you outright, you should prepare and file with the Mohave County Recorder (in Kingman,AZ)a Trustee's Deed transferring the property from the Trust to you. If you then want to transfer it to your own Trust, you can do a second Deed from you to this Trust. I also recommend, if it has not already been done, that you record a Certificate of Trust that sets forth the basic powers of the Trustee and names the original and successor Trustees. This is to "establish chain of title" and show that you have the legal power to transfer this property from the Trust. I recommend you contact either an attorney or a title company to help you with this transfer to ensure it is correctly done. There a several details that must be addressed in the Deeds to make them valid transfers and avoid paying any transfer taxes.