[WSBARP] deed for successor trustee

Doug Owens dougowens at seattlerelawyer.com
Tue Nov 5 08:55:51 PST 2019


Dear Dwight, it is good to hear from you again on this listserv.  In the scenario being discussed, with a successor trustee for example in a revocable living trust where the original trustor-trustee has died, who can sign the deed?  The successor trustee signing a deed to himself or herself, but not previously being on title in light of what you say is confusing to me.  Thank you.  Yours truly, Doug Owens

On Nov 5, 2019, at 7:53 AM, Dwight Bickel <dwightbickel at hotmail.com<mailto:dwightbickel at hotmail.com>> wrote:

The deed is required, because the Trust itself is not  an entity capable of owning real property. The Trustee is vested. Some say that a successor Trustee becomes the legal owner without a deed, which is technically true, but title companies will require a deed, or substitute Affidavit or Court Order that puts the change of name in the public records. I would use a quitclaim deed, which would have no consequence on title insurance policy previously issued with the initial Trustee named, because the successor Trustee is already an Insured by definitions.

Dwight A. Bickel
Washington Title Professional
dwightbickel at hotmail.com<mailto:dwightbickel at hotmail.com>
www.linkedin.com/in/dwightbickel<http://www.linkedin.com/in/dwightbickel>
http:/www.titleadvisor.com<http://www.titleadvisor.com/>
206-484-1976

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