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    Gabcon59's Avatar
    Gabcon59 Posts: 1, Reputation: 1
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    #1

    Apr 26, 2014, 07:01 AM
    Grantor quick claim deed to self
    For the purpose of a living trust, should the grantor quick claim to the trust and himself to keep control while still alive. Our family debate is "you cannot quick claim deed to yourself"
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Apr 26, 2014, 08:37 AM
    I assume the trust is not irrevokable... which would mean the grantor already maintains control while they live.. and could change it up until they die... or become mentally unfit to make decisions. And a quit claim would take the property OUT of the trust.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Apr 26, 2014, 09:12 AM
    The proper term is QUIT claim. It means you are no longer laying claim to ownership.

    The answer depends on the terms of the trust and I would advise you to consult an attorney to properly draw up the trust.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Apr 26, 2014, 04:39 PM
    No, quitclaiming the property to yourself would have no effect. What you want is to convey the property to the trust, not to you and the trust. If the you (or the grantor) is the trustee for his or her life, that would enable the grantor to "keep control while still alive", and to a sucessor trustee who will be trustee after grantor's death.

    Yes, one can convey real property to oneself, but, in your case you are contemplating it to your trust and yourself. That also can be done, but it would be a bone-headed thing to do. It would create a legal mess. Half would belong to the trust and half to you the trustor. Then, upon your death, your estate would need to be probated so as to deal with that half interest; totally defeating the purpose for which you created a living trust.

    For a small fee, you should consult with an attorney. It will be money well-invested.
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