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Is a grant deed (trust) revocable

Discussion in 'Joint Ownership' started by Deb360, Mar 4, 2021.

  1. Deb360

    Deb360 Law Topic Starter New Member

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    Jurisdiction:
    Alabama
    A family member was placed on a grant deed (trust) several years ago for the sole purposes of placing the property into a Trust, keeping the trust in her name until a minor relative child became an adult. He is now an adult and wants the parcel placed in his name, the family member is refusing to release her name from the deed until he gives her money. Is there a way to remove her name legally without needing her to agree? The deed does not stipulate that it's irrevocable or revocable. The land is in Alabama.
     
  2. army judge

    army judge Super Moderator

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    If the property is in a trust, the trust owns it.

    Is the property OWNED by the trust?
     
  3. Deb360

    Deb360 Law Topic Starter New Member

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    Yes, it is.
     
  4. army judge

    army judge Super Moderator

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    I suggest you discuss your concerns with an attorney in your county that is knowledgeable about trusts.

    Your former minor family member, who is now an adult, needs to determine what if anything he is eligible to inherit.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    But you also wrote that the family member's name is on the deed.

    Can't help you until you clarify that by having a copy of that most recent deed on the table in front of you and tell us EXACTLY how the ownership is worded on the deed.
     
  6. zddoodah

    zddoodah Well-Known Member

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    That doesn't make a lot of sense. It would be better if you explained it along the lines of the following: "In [month, year], John Smith executed and recorded a grant deed that conveyed his interest in Property X to [name or names of grantee(s)]. This was done pursuant to a trust instrument, under which John Smith was the settlor, [name(s)] was/were the trustee(s) and [name(s)] was/were beneficiary(ies)." In case it's not apparent, you should use made up names.

    There is no conceivable way to answer this question intelligently based on the limited facts given.

    When you clarify the facts, you should also explain your role in the situation.
     
  7. Zigner

    Zigner Well-Known Member

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    Yes, that would be helpful, however, the population that would describe things in that manner aren't going to be on this forum looking for legal help and information.

    In other words, it's kind of expected that people who come to this forum looking for help are going to describe their problem in layman's terms.
     
    Last edited: Mar 4, 2021
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  8. adjusterjack

    adjusterjack Super Moderator

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    Agree. Hence the need for those people to quote things word for word when asked.
     
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  9. Tax Counsel

    Tax Counsel Well-Known Member

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    You are referring to do two different things here. The first is a deed. A deed transfers an interest in property from one person to another. So if this family member was "placed on a grant deed" that means someone executed a deed transferring his/her/its interest in the property to the family member. Let's call that family member Amy. The result of that transfer is that now Amy owns an interest in the property.

    If the idea was to put the entire property into a trust, then the transfer of an interest to Amy would not help to achieve that goal because any interest Amy holds in the property is not held by the trust.

    Or did you mean that the property was transferred to Amy as trustee of a trust for a minor child, who I'll call Barry, i.e. a transfer to Amy as trustee of the Barry Smith Trust? If that was the transfer then the transfer was to the trust, not to Amy.


    Barry's options here would depend on the state of the title to the property now. If the property is indeed owned entirely by the trust and Amy is simply the trustee of the trust, then what he needs Amy to do is execute a deed from the trust to him, assuming that the terms of the trust require or at least allow Amy to do that at this time. Barry needs to look at the trust instrument to see what he is entitled to get from the trust. The deed would not tell him that. Nor would the deed tell him if the trust was revocable or irrevocable. That too is found in the trust instrument, and the deed is not the trust instrument.

    If Amy owns an interest in the property herself and not as trustee, then he may not have any right to that and if he wants it he may have to buy it from her to get it.

    Barry ought to take a copy of the relevant deed records and a copy of the trust instrument to an attorney for help. Without reading those no one can tell Barry exactly where he stands with respect to this property.
     
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  10. zddoodah

    zddoodah Well-Known Member

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    Are the words "along the lines of" not familiar to you?

    In any event, regardless of how formal or informal one might write, the need for clarity is important, and the original post isn't clear. If the OP wants the best possible answers, then he/she should clarify the facts.
     
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  11. Zigner

    Zigner Well-Known Member

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    No - it doesn't change my answer.

    This I agree with.
     
  12. Deb360

    Deb360 Law Topic Starter New Member

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    Understood! Thank you for your assistance, I will have him speak with an Attorney.
     

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