Can a Property Listed in a Living Trust Be Quitclaimed to a Third Party Without Being Removed from the Trust?

If a property has been properly transferred to the Trust (i.e. the Trust has been properly funded and a Quitclaim Deed has been filed using the Trust name), then only the Trustee can transfer the property “back out of” the Trust and to a third party.

The Trust document must also authorize or empower the Trustee to take such action (or grant the Trustee the discretion to transfer the property).

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If I Have Power of Attorney for My Parent, Can I Transfer the Family Home to Myself and My Siblings?

Most “general” Power of Attorney documents have a specific provision about transferring property contained within them, granting the attorney-in-fact the ability to undertake such a property transfer process.

But if the language about being able to transfer property is not stated specifically in the document (and different POAs are drafted differently), then the attorney-in-fact most likely lacks the authority to transfer property.

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Can I Transfer the Deed on an Investment Property in Default to an Unresponsive Mortgage Holder?

A deed can certainly be prepared and filed with the proper county government agency, transferring property from one person to another (or to a business entity).

But it is not typical for a piece of real estate property to be transferred to a grantee (in this case, the mortgage holder of the property who has not foreclosed and won’t return the investor’s phone calls) without that person or entity’s consent.

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