Legal Question in Real Estate Law in California
Property is held in an irrevocable living trust by my parents (both deceased). 3 children including myself are the beneficiaries. Can they quitclaim property to me?
4 Answers from Attorneys
The trustee of a trust is given the power to convey property. People cannot convey property (such as by quitclaim) when they do not have title to that property.
No. They cannot convey by quitclaim; they have to title to the property, right?
They can certainly quitclaim to you, but it will be of no effect. Property held in trust can only be conveyed by the trustee, and if the trust is irrevocable, the trustee cannot legally convey property out of the trust to anyone, unless the trust documents allow for it.
The trust may also include a spendthrift clause that prohibits the transfer by the beneficiary of beneficial interests in the trust. THis is a common restriction. Your advisor would need to see the trust instrument and determine what the requirements would be prior to any such action. Seek counsel