In California, which type of deed is MOST commonly used by an estate planning attorney when transferring real property from an individual owner into that owner's own revocable living trust?
Correct Answer
A) Quitclaim deed, because no title warranties are necessary when the grantor and beneficial owner remain the same person
A quitclaim deed is most commonly used when transferring property into one's own revocable living trust in California. Because the grantor and the beneficial owner of the trust are effectively the same person, there is no need for the implied warranties of title that accompany a grant deed. The transfer does not change beneficial ownership, does not trigger reassessment under Proposition 13 (Revenue and Taxation Code §62(d)), and requires no title warranties since the grantor is conveying to themselves in a trustee capacity.
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