Legal Question in Wills and Trusts in Virginia
Trusts and real property
When land is bequeathed in a trust, does title to the land pass upon death or upon the execution and delivery of the deed by the trustee?
Asked on 11/05/08, 3:29 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: Trusts and real property
As with any devise of real property in a simple will, title remains with the estate upon the death of the testator and does not pass to a beneficiary named in the will until the executor of the will properly executes and delivers an executory deed. A trust is no different in that title to real property held in the trust remains with the trust upon the death of the settlor(maker of the trust)until the trustee properly executes and delivers the deed to such property.
Answered on 11/06/08, 9:15 am
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