What name should be listed as the seller in a listing agreement when the property is held in the name of a trust?
The title on the house states it is held by "Mrs. Smith trustee of the Smith Living Trust". Mrs. Smith has died and her son is now trying to sell the house. Would the seller be Smith Living Trust and the son can sign on behalf of the trust as long as he is a trustee? Thanks.
It should read how the Trust reads...... and will need proof that he is the Executor Trustee with a copy of death certificate of Mrs. Smith who died.
Lesley Harris, Realtor
(562) 673-0943 cell
Ultimately the escrow company will also have a Trustee form that needs to be notarized along with the Grant Deed to close.
The title and name on the offer should read, " Jennifer A. Smith, Trustee, Smith Living Trust
Hi Gkurdy,
If you have a copy of the trust agreement, it should state who the successor trustee or trustees are of the trust. As long as the son is a successor trustee and can sign on behalf of the trust, I would state the seller in the listing agreement to be "The Smith Living Trust", and have the son sign as "successor trustee". When it comes to actually drawing the recordable documents once you get an offer & go into escrow, your escrow officer will be able to advise you & assist you in making sure the grant deed is drawn & executed correctly.
Hope this helps - email me if you have any questions.
John Barry
Coldwell Banker Residential Brokerage
Sherman Oaks, CA
Cell: 323-810-7976
Email: john.barry@coldwellbanker.com
facebook: http://www.facebook.com/RealtorJB
Twitter: http://twitter.com/RealtorJB
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