Quitclaim deed and Revocable Living Trust

[djn]

What is the name of your state (only U.S. law)? California
Hi, I have a couple of questions about quitclaim deeds and living trusts.

1). When filling out the quitclaim deed to transfer real estate to a Living Trust do you quitclaim the property to the Living Trust or the Trustee? I've heard conflicting information.

For example: Should it be.

....release and forever quitclaim to John Smith, Trustee to John Smith Revocable Living Trust....

or
....release and forever quitclaim to John Smith Living Trust....

2) Does the Living Trust have to have a date as part of the name?
For example John Smith Revocable Living Trust dated 12/20/2009
or is
John Smith Revocable Living Trust sufficient?
Thanks

 

[TrustUser]

while you probably could get by with just naming the trust - the correct way is to title it to the trustee of the trust.

your lt should have a date on it. this is the notary date.

what i do personally, is john smith, trustee of the abc trust, notarized on 12/30/2009.

i title my trust the abc trust, notarized on 12/30/2009. and then of course, i make sure i get it notarized on that date.

just some precaution.

 

[stormpsyche]

Note about our bad experience

We just had a situation where an attorney referenced the wrong trust (one that was outdated and had already been terminated) on the quitclaim deed. What a mess we have to straighten out now! Be careful when drafting these types of documents.

 

[FlyingRon]

Usually the grantee is something like:

FlyingRon trustee, of the FlyingRon trust.
or
FlyingRon Trust, FlyingRon trustee.

I've never seen the date used. While the trust is revocable, it doesn't much matter as it can be changed after things are titled to it.