Legal Question in Real Estate Law in California
Selling House in Trust
Is it necessary to remove a house from trust before it can be sold if the Seller is the Trustee, or can that be done after the sale?
2 Answers from Attorneys
Re: Selling House in Trust
Just list the property for sale by the trust, signing the listing as the trustee. All documents, i.e. the deposit receipt, escrow instructions, deeds, etc. are signed this way.
Re: Selling House in Trust
No, unless the terms of the trust provide otherwise, the sole trustee (or, if there is more than one trustee, the required number acting together) can convey trust property.
The sale, of course, has the effect of removing the property from the trust.
These transactions are pretty commonplace these days, with so many folks putting their homes into revocable living trusts. However, if you are a buyer and are super-cautious, you might want to ask for a copy of the trust documents, and of course process the transaction through a reputable escrow/title company and get title insurance.
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