How do I deed my real property to a trust, when the trust's trustee is another trust?

[LawAdviceFan]

What is the name of your state (only U.S. law)? California

I am currently in the process creating a revocable trust/title holding land trust. I am at the point where I am preparing to deed my real property to the trust.

However, most self-help guides pertaining to California say that, in general, trusts themselves are not an entity that can hold title in its own name. Instead, it is required that I deed the property to the grantee/trustee of the trust in the following format:

"[Trustee First and Last Name],
Trustee of the ABC Revocable Living Trust dated [Month] [Day], [Year]"

However, right now the trustee for my revocable/title holding land trust is indeed another trust that is a revocable living trust(which intends to hold more than just real property).

How do I deed my real property to a trust, when the trust's trustee is another trust? Is this still possible under California law, and if so, do I just insert the living trust's name where the human/business entity trustee's name would go?

Under what types of trusts, or circumstances, can a trust take title to real property in its own name, without listing the trustee's name?

 

[tranquility]

What is the name of your state (only U.S. law)? California

I am currently in the process creating a revocable trust/title holding land trust. I am at the point where I am preparing to deed my real property to the trust.

However, most self-help guides pertaining to California say that, in general, trusts themselves are not an entity that can hold title in its own name. Instead, it is required that I deed the property to the grantee/trustee of the trust in the following format:

"[Trustee First and Last Name],
Trustee of the ABC Revocable Living Trust dated [Month] [Day], [Year]"

However, right now the trustee for my revocable/title holding land trust is indeed another trust that is a revocable living trust(which intends to hold more than just real property).

How do I deed my real property to a trust, when the trust's trustee is another trust? Is this still possible under California law, and if so, do I just insert the living trust's name where the human/business entity trustee's name would go?

Under what types of trusts, or circumstances, can a trust take title to real property in its own name, without listing the trustee's name?

No trusts or circumstances. In fact, you do not have anything but a potentially enforceable promise to create a trust with your putative "revocable/title holding land trust". (See CA probate code 15200.)

To be a trustee a PERSON must accept or use the powers of the trust. (CA probate code 15600.) The sole exemption is a "nonprofit charitable corporation" as trustee. (CA probate code 15604.) Probate code 15660 envisions when a trust has no trustee and uses the term "person" throughout with 15660.5 having the court appoint a public guardian if based on reasonable inquiry "no other qualified person is willing to act as trustee".

So, what is it you think you have and what is it you want to do?

 

[TrustUser]

i dont think you asked the question correctly.

cuz i am guessing what you want to do is how i handle my properties.

and that is that the BENEFICIARY of the trust that holds my property is my main revocable trust.

in other words, i might have the trustuser revocable trust, with trustuser as the trustee.

then for the property on 123 spring street, i might create the 123 spring street trust with trustuser as trustee.

within the instructions of the 123 spring street trust, where it names the beneficiary - the beneficiary would be trustuser, trustee of the trustuser trust.

this sort of situation becomes more important once the trustor dies, and the trusts become irrevocable.

because the deed of the property on 123 spring street is a public document, and because properties can bring on lawsuits, it is best to separate those assets from assets such as bank accounts, brokerage accounts, and other stuff that is privately titled and no lawsuits.

 

[TrustUser]

or you could simply name the beneficiary as trustee of the trustuser trust.