Legal Question in Real Estate Law in California

grant deed and living trust

If a grant deed is issued stating the trustee on it and a living trust also issue with the same trustee's name what does this entitle the trusee to 100 % control of the property or is the trustee still bound by obligations stated in the living trust?


Asked on 8/29/07, 12:34 am

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: grant deed and living trust

A grant deed transfers ownership and implies certain promises---basically that the title is not encumbered, that is, not transferred to anyone else, and has no encumbrances other than what is set forth in the deed.

A living trust avoids probate, and, therefore, may save substantial tax dollars.

Other than that, your question is really unclear. I am not aware of whether there is anyone else on the deed, in the living trust, what the trustee is attempting, etc. and without more cannot answer as to the trustee being entitled to 100% control.

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Answered on 8/30/07, 10:20 am


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