Legal Question in Real Estate Law in California

What do I fill in after ''quitclaim to'' to transfer house to our living trust?

I'm filling out a quitclaim deed I

downloaded off the County

website. I want to put the correct

language in the blank space where

it says ''FOR VALUABLE

CONSIDERATION, receipt of which is

hereby acknowledged, I (We) (big

blank where I will put my wife and

my names as they appear on the

current deed) (NAME OF

GRANTOR(S)) hereby remise,

release and quitclaim to (big blank

where I'm asking if I should put

something like ''the trust of (my

wife and my names)'' (NAME OF

GRANTEE(S)) the following

described real property in the City

of (our fair city, County of, state of)

(Insert legal description of property,

etc

Well, that's it. Please suggest the

proper language for the blank

before Names of grantees.

Thanks.

Michael


Asked on 11/03/08, 11:39 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: What do I fill in after ''quitclaim to'' to transfer house to our living trust?

In your trust, there should be something indicating how assets should be vested. That language - often something to the effect "John Doe, Trustee of the John Doe Trusted dated 11/03/08" is unique. DO NOT use the language above - the vesting for any given trust is very specific and unique to the trust, and if you make a mistake, you not only don't have the property in your trust, you have a wild deed in your chain of title that will have to be insured around in the future. Call whomever drafted your trust if you cannot find the language to get the exact vesting - be extremely precise as deeds are routinely messed up by those who are not familiar with how precise they must be, and you won't usually discover it until it is too late and someone is deceased and can no longer sign new documents.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/03/08, 2:07 pm


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