If you are a trustee of a trust, a personal representative of an estate, or a guardian for an individual, you may be in a position where you need to transfer real property of another.
All of these positions come with fiduciary responsibilities, meaning you have an ethical and legal relationship to manage someone else’s property, this also includes the transfer of real property.
A trustee is a person or entity managing a trust. This scenario would include the transfer of real property into and out of a trust. A deed transferring property out of a trust must include information from the trust and the trustee. This deed would require specific language to ensure that the transfer of the property is done correctly.
A personal representative is a person who is responsible for the estate of a person that has died. During probate proceedings, the court may order the transfer of real property to the descendant’s beneficiaries. In this case, the personal representative would be required to execute a deed transferring title to those beneficiaries. Similar to a trust deed, this deed would also need to have specific language to ensure that transfer of the property is done correctly.
A guardian is a person who is legally responsible for another person who cannot manage their own affairs. A guardian may have to sell real property for the benefit of that individual. This would require the guardian to deed the property to a buyer. Similar to a trustee or personal representative, this deed would also need specific language to ensure that the transfer of the property is done correctly.
The main focus of preparing a deed for someone in any of these positions is ensuring the language and the name of the party conveying the property are accurate. Any errors with these types of deeds can be costly and can even invalidate a transfer.
Published: Feb 2, 2023
Updated: Sep 26, 2022
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