legalclubs
Mar 4, 2011, 06:14 PM
My father owned his home. He then created a valid revocable living trust in which he served as trustee. He then transferred his home from himself as an individual to himself as trustee of his trust. Up to this point I'm told everything is perfectly legal and the home is considered to be held in his trust. Years later he signed a quit claim deed as an individual (not as trustee of the trust) to me. Under California law is the deed valid or is it invalid or meaningless given that he didn't sign as trustee? Any legal authority on this topic?
I'm getting conflict information on this. I've heard it's meaningless as he didn't hold any interest as an individual and I've also heard this is considered a minor defect and as he had authority to sign as trustee that his signing as an individual will be presummed to mean it was signed as trustee.
I'm getting conflict information on this. I've heard it's meaningless as he didn't hold any interest as an individual and I've also heard this is considered a minor defect and as he had authority to sign as trustee that his signing as an individual will be presummed to mean it was signed as trustee.