Quitclaim Deed Validity Concerns

Summary

For a quitclaim deed to be valid when transferring property out of a trust, the trustee must sign in their capacity as trustee, and a trust certificate may be necessary. If the trustee signed in an individual capacity, the deed might not be valid. Additionally, issues with ANR and registration could affect the deeds validity. Consulting a Massachusetts property attorney for specific legal advice is recommended.

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Diane
Hi Diane! I’m here to help you with your legal issue. Could you tell me a bit more about the situation you’re dealing with?
Quit claim deed out of a trust, trustee signed in individual capacity along with the beneficiary. Is this legal in MA
Hi Diane! While I'm familiar with New Jersey laws, I can provide some general guidance on quit claim deeds and trusts that may apply broadly:
- The trustee must sign in their capacity as trustee to legally transfer property from a trust.
- A quit claim deed may not be valid if the trustee signed in an individual capacity.
- Beneficiary signatures typically don't impact the deed's legality unless specified in the trust agreement.
Consider consulting a local attorney in Massachusetts for specific guidance on your situation.
I have an attorney. Can i adk another question
Of course, feel free to ask any question you have in mind. I'm here to help!
My brother built a building on property he did not own. A couple years later he got my parents to sign tje quitclaim deed. In the process he then began to seperate a parcel of land * acres from the trust owned land * acres. He never completed the ANR with the town and this property has never been registered. Also signing the quitclaim deed in their individual capacity out of the trust contained no trust certificate. Is the quitclaim a valudated deed?
Case Rating: *
Hi Diane! It seems like your situation involves complex property and trust issues. Generally, for a quitclaim deed to be valid when transferring property out of a trust, the trustee should sign in their capacity as trustee, and a trust certificate may be required. Given the issues with the ANR and registration, the deed's validity could be affected. Consulting your attorney for specific advice on Massachusetts law is a wise decision.
Thanks
Case Rating: *
Diane's situation involves complex property and trust issues, but since she already has an attorney, it's best for her to consult them for specific advice. If Diane needs further information or decides to seek another opinion, she can always reach out to her attorney or a Massachusetts property lawyer.