Legal Question in Real Estate Law in California

How should house sale documents be drafted & signed when the house is in a family trust ?


Asked on 3/27/11, 10:26 pm

3 Answers from Attorneys

There are two options. One is to do it as if there is no trust on the contract papers, but make sure the escrow company knows to include a deed out of the trust to the individual sellers in the escrow papers. The other is to deed it directly out of the trust. In that case the papers would be drafted as "John and Jane Doe, trustees of the [exact title of the trust]." Your real estate agent should, and the escrow officer DEFINITELY should know the best way to do this. Anticipate the title company wanting a copy of the trust, btw.

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Answered on 3/28/11, 12:34 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

In addition, review the terms of the trust to be sure who the trustee or trustees is/are, and that there are no restrictions on the power and right of the trustee(s) to sell at this time. If there are multiple trustees, all must act unanimously unless the trust expressly provides otherwise.

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Answered on 3/28/11, 9:07 am
Terry A. Nelson Nelson & Lawless

Professionally by an escrow and title company.

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Answered on 3/28/11, 11:37 am


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