Legal Question in Wills and Trusts in New York
How can I get a form to transfer of deed to living trust and to file a trust if
1. How can I get a ''Notice of Assignment of Property'' form? I want to transfer my property deed to my new Living Trust. I understand I must do this in New York State.
2. Is it necessary to file my trust in New York State? If so, where do I get the form for that?
Thank you very much!!! Ruthanne
2 Answers from Attorneys
Re: How can I get a form to transfer of deed to living trust and to file a trust
Forms are usually available at any stationery store, like Staples, Office Max or Office Depot. There are additional forms required to register a Deed, besides the Deed, so I suggest you call the local office of the Register of Deeds for the county where the property is located and the Deed will be recorded. You do not say what the purpose is for transferring the Deed to a living trust. There may be reasons that require special language to be included, so I suggest you also consult a local real estate attorney to assist you in its preparation and recording.
Re: How can I get a form to transfer of deed to living trust and to file a trust
The /notice of transfer' is a very simple document. State the terms of the assignment, that it is to the trust, and sign the document. Your signature does not need to be notarized, but I highly recommend notarizing or having 2 witnesses sign.
More important is to whom and where you must send the document. Persons with an interest who are not so informed will not be bound by the assignment.
Go to the county clerk's office and get a copy of all liens on the property. Each must be notified. Further, send notice to all persons with whom you have debts in excess of 1,000 (and that includes credit cards on which you have available credit of over 1,000 dollars).
It is best to make some record of the persons to whom you send notice or get a receipt from the post office (registered is 2.50 and certified is 4.00 per envelope).
I am available for further questions on this point for no fee.