Maryland Deeds Involving Trusts and Estates
Deeds involving trusts and estates must be prepared carefully. The deed needs to identify the correct parties, confirm the authority of the person signing, and match the purpose of the transfer.
These deeds often involve trustees, successor trustees, personal representatives, estates, beneficiaries, heirs, or property owners who want to place real estate into a revocable living trust.
Deeds into a Trust
Many Maryland homeowners create a revocable living trust as part of their estate plan. However, the trust only works properly for real estate if the property is actually transferred into the trust.
We prepare deeds transferring Maryland real estate from an individual owner, married couple, or other owner into a trust. This is commonly referred to as funding the trust.
Deeds from a Trust
Sometimes property needs to be transferred out of a trust. This may happen when a property is being sold, refinanced, distributed to a beneficiary, or transferred back to the original owner.
These deeds usually require the trustee to sign in the trustee’s official capacity. The deed should clearly show that the trustee is acting on behalf of the trust.
Trustee Deeds
A trustee deed is commonly used when real estate is owned by a trust and the trustee is transferring the property. The deed must properly identify the trust and the trustee’s authority to act.
This can include transfers by an original trustee, successor trustee, or trustee acting after the death or resignation of another trustee.
Personal Representative Deeds
When a Maryland property owner dies and the property must pass through an estate, the personal representative may need to sign a deed transferring the property.
Personal representative deeds are commonly used to transfer estate property to heirs, beneficiaries, purchasers, or others entitled to receive the property.
Estate Transfers and Beneficiary Deeds
Estate-related deeds can involve many different situations. Some transfers are made according to a Will. Others are made as part of estate administration, probate, sale of estate property, or distribution among heirs.
The deed should be prepared in a way that clearly explains the transfer and avoids confusion in the land records.
Common Trust and Estate Deed Situations
- Transferring a home into a revocable living trust
- Transferring property from a trust back to an individual
- Trustee deeds signed by a current or successor trustee
- Personal representative deeds from an estate
- Estate transfers to heirs or beneficiaries
- Deeds needed after the death of a property owner
- Correcting or updating title after probate
Why these deeds should be handled carefully
Trust and estate deeds often require more than simply changing names on a deed. The authority of the signer, the wording of the deed, the identity of the grantor and grantee, and the purpose of the transfer all matter.
A properly prepared deed helps avoid delays, title issues, recording problems, and questions later when the property is sold or refinanced.