I want to transfer my property to my living trust in Santa Clara.

Asked by Mnoman, Santa Clara, CA Sat Apr 13, 2013

I have found Preliminary Change of Ownership Report from county web site but how do I get grant deed. I bought house couple of years ago.

Has any one done transfer to trust, can some one please help me?

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9
Grace Hanamo…, Agent, Cupertino, CA
Sun Apr 14, 2013
Hi Mnoman,

Thanks for your question. First, if you need a copy of the deed to your home, it's very easy to get one by going to the County Recorders Office, viewing the form you need and then requesting a copy for yourself. The office is located in San Jose in the County Building on the first floor. The process takes about 30-40 minutes so park in the building parking lot if you can, and there is a cost for each page of any form you request, so bring money.

As to transferring title on your home from you, as a person, to a trust, this is best handled by a qualified estate attorney. There are several different forms of trust, and wording on the deed can be critical to ensuring proper transfer. As agents, we are not qualified to provide you with legal advice or wording for your form. If you need a real estate attorney, contact Cappy Meyers, attorney, here is San Jose.

Do NOT go to the title company to ask them to do this for you. While the title company will often do little things like deeds for us, as real estate agents who provide them with regular business, they most definitely will not do such work for private individuals. Again, title companies do not and will not render legal advice to you, including instructions on hor to word a grant deed or transfer deed. If you find out how to fill out this form from a qualified professional, you can take the form to the recorders office yourself for recordation within the county.

Best course of action, contact an estate attorney or Cappy Meyers for assistance.

Good luck,
Grace Morioka
Allison James Estates and Homes
1 vote
Jacob Varghis, Agent, Danville, CA
Tue Aug 27, 2013
There is a form called TRUST TRANSFER DEED (grant Deed). Fill out and sign by Notary. (I am not an Attorney or privileged to provide legal advise. Please check with an attorney for details.

Also you need to send Preliminary change of ownership. You need the legal definition of the property which is on any Title report. Good luck

Jacob
0 votes
Can you tell me that TTD are mainly used in Living Trust process?
livingwill-livingtrust.com
Flag Sat Aug 27, 2016
Ruth and Per…, Agent, Los Gatos, CA
Sun May 12, 2013
Hi Mnoman

Prudent to go with a Trust Attorney and do it right.

If the Trust is set up incorrectly, it can have serious ramifications later.

Good luck.
Perry
Web Reference:  http://Trulia.com/b
0 votes
debbie.algie…, Home Owner, Santa Clara, CA
Sun May 12, 2013
Yes, I transferred my property into my Trust just a couple of months ago. I had an attorney set up my trust and perform the transfer. It can take quiet a while to get a grant deed. Most cities are backed up. You should check the paperwork you received when you closed escrow for the deed.

Also, make sure you do complete the Exemption from Conveyance Tax form as well, that tells the IRS this property is being transferred into a trust.

If you own a vacation club, that can be a project in itself if it is located in Hawaii. Hawaii has several different property types and agencies. Don't try and transfer these your self. Shop around for Attorneys that can assist with property transfers and make sure you fill out the IRS forms that say the transfer is due to a trust being established. I received quotes from several different attorney in Hawaii that ranged from $600 to $1200 for each property because of the complicated government laws. I ended up transferred both properties for about $500.
0 votes
Juliana Lee, Agent, Palo Alto, CA
Tue Apr 23, 2013
You will want to get a copy of the grant deed giving you title to the property. The Santa Clara County Recorder's office does not give advice as to which form you need or how to fill it out:
http://www.sccgov.org/sites/rec/Recording/Pages/General-Info…

Simple blank grant deeds are posted online:
http://www.fidelitytitle.net/Uploads/38/22/13822/Gallery/gra…
or
http://www.saclaw.lib.ca.us/Uploads/files/forms/GrantDeed.pdf

Relevant comments posted online by an attorney can be found at
http://calestateplanning.blogspot.com/2010/09/california-gra…

My advice is understand the basics then find an attorney.

I posted information about holding title for real estate years ago at
http://julianalee.com/buying/title.htm
Thanks for asking the question. I should ad more to my website.

Juliana Lee
Top 2 agent nationwide at Keller Williams Realty
Cell: 650-857-1000

Over 30 years experience
Over 1,000 homes sold in Santa Clara and San Mateo Counties
.
Web Reference:  http://julianalee.com
0 votes
Terri Vellios, Agent, Campbell, CA
Mon Apr 15, 2013
If you have a trust your Trust Attorney can help you. Make sure it is done correctly and that your Trust is up to date and the documents will be easy to access if the event someone needs to transfer title at a later date.

I had a listing where the parties changed the house into a Trust. They had the wrong information in the language regarding the lot and it needed to be cleared up before escrow could be transferred.
Web Reference:  http://www.terrivellios.com
0 votes
Rob C. - $75M…, Agent, Santa Clara, CA
Sat Apr 13, 2013
Get a copy of your old grant deed, you can actually type your new grant deed in Microsoft word, make sure all of the type and spacing is correct, there is proper spacing for the county stamp, etc. Your local title company can help you proofread it, or for a small fee prepare it for you. You can type and file all of these documents yourself to save money, but if you are inexperienced I wouldn't risk vesting incorrectly on the grant deed.

Lookup some local title companies like Old Republic, Chicago Title, etc and ask for an escrow officer.
0 votes
Walter 'Skip'…, Agent, Brea, CA
Sat Apr 13, 2013
Any Title company will be able to help you with this. Fairly common transfer.
Good luck,
0 votes
Linda Lorenzo, Agent, McKinney, TX
Sat Apr 13, 2013
You need to either contact a real estate attorney or a local title company (this would be the cheaper alternative) for guidance. Title companies are a wealth of information and should be able to assist you.
0 votes
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