Legal Question in Real Estate Law in California

quitclaim and grant deeds

Someone quitclaimed an apartment building into a trust with herself as the trustee, on January26, 2004, and recorded the quitclaim deed on July 6, 2004.

On Feb 5, 2004, this woman signed a grant deed, granting this property to a company, and signed the grant deed with her first and last name, and then a comma, and they as her sole and separate property, instead of as trustee of her trust.

Is this correct?

Or is the property technically still owned in the trust?


Asked on 7/01/07, 9:25 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: quitclaim and grant deeds

Without doing a thorough review of the applicable law, which I am not able or willing to do at present, I can only give you a general reading based upon a little research and a general feeling for how these things work.

I think the February 2004 grant deed will stand up in court, if the buyer paid a valuable consideration and was not otherwise informed of the trust arrangement.

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Answered on 7/01/07, 10:36 pm


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