Welcome or Register
If you will be moving to or from Augusta I can help! 

Contact me today to make your relocation process as painless
and worry-free as possible! 
Back to Table of Contents

Title Insurance Requirements for Insuring Trusts

In today’s world of busy probate courts and exorbitant death taxes, the living trust has become a common manner of holding title to real property. The following may help you understand a few of the requirements of the title insurance industry if title to property is conveyed to the trustee of a living trust.

What is a trust?

An agreement between a trustor and trustee for the trustee to hold title to and administer designated assets of the trustor for the use and benefit of one or more beneficiaries.

Can a trust itself acquire and convey interests in real property?

No. The trust is an arrangement between a trustee and the trustor. Only the trustee, on behalf of the trust, may own and convey any interest in real property. The trustee may only exercise the powers granted in the trust.

What will the title company require if a trustee holds the title to the property which is part of the trust?

A certification of trust containing the following information:

  1. Date of execution of the trust instrument,
  2. Identity of the trustor and trustee,
  3. Powers of the trustee,
  4. Identity of person with power to revoke trust, if any,
  5. Signature authority of the trustees,
  6. Manner in which title to the trust assets should be taken,
  7. Legal description of any interest in the property held by the trust, and
  8. A statement that the trust has not been revoked, modified, or amended in any manner which would cause the certification to be incorrect and that the certification is being signed by all currently acting trustees of the trust

My trust contains certain amounts of money to be given to various charities which is none of your business. Can I omit these pages?

Because many different provisions may be on the same page, the answer must be no -- but if the title company requires a copy of the trust, it may accept a copy with those amounts blacked out.

If there is more than one trustee, can just one sign?

Maybe. The trust must specifically provide for less than all to sign.

Can the trustee give someone a power-of-attorney?

Only if the trust specifically provides for the appointment of an attorney-in-fact.

What will the title company require if all the trustees have died or are unwilling to act?

If the trustor is not able to do so, or the trust provisions prohibit the trustor from appointing a new trustee, the court may do so.

How does a notary acknowledge the signature of the trustee?

Title is vested in the trustee. Hence, if the trustee is an individual or a corporation, then the new general form of acknowledgment will be prepared to reflect the intrinsic nature of the trustee.

How would the deed to the trustee ordinarily be worded to transfer title to the trustee?

“John Doe and Mary Doe, as trustees of the Doe family trust, under declaration of trust dated January 1,1992.”

Are there any limitations on what a trustee may do?

Yes, the trustee is limited principally and most importantly by the provisions of the trust and, thus, may only act within the terms of the trust. The probate code contains general powers which, unless limited by the trust agreement, are sufficient for title insurers to rely on for sale, conveyance, and refinance purposes.

Article by CLTA

Back to Table of Contents
agent photo
Sandra Cullinan
Vice President/Associate Broker

Meybohm Real Estate
6004 Evans Town Center Blvd.
Evans, GA 30809
Office: 706-863-8218 
Extension: 2471
Fax:  706-855-7847
Cell:  706-533-3353
Email:  scullinan@meybohm.com

 

Testimonials

Sandra was very friendly, helpful and honest, she worked very hard! Mr. Schlabach
Sandra was very helpful and made sure that we understood everything that was going on during the whole process. We had a great experience with her. She also kept us very informed through the whole process. She was very friendly and knew exactly what she was talking about when it came to helping us out. We would recommend her to anyone! She is AWESOME!! Mr. Lunz
Sandra did a terrific job! We were under tight time constraints and she made sure we saw lots of homes- all of which met the criteria we provided! Mr. Guay and Mrs. Madden
Sandra Cullinan was wonderful! She made my first home buying experience wonderful as well! Great job! Ms. Altman
Sandra Cullinan is by far the best agent I have worked with in over 7 home purchases! Great experience! She is very knowledgeable in the market, best in the Augusta area! Mr. Allen T. Berry
Sandra Cullinan made our selling and buying a smooth transition. I have recommended her to several friends. She was WONDERFUL! I have dealt with other real estate companies. Meybohm has been the best! Communication was excellent!! Thank you Meybohm!! Mr. and Mrs. Chris Pryor
Sandra had excellent knowledge of the local real estate market, builders and neighborhoods. We looked at a lot of houses and I got a great house at a good price. Cannot ask for much more than that! Mr. Brett A. Paye
I would recommend Sandra because she was knowledgeable regarding short sale and other services I wanted to take advantage of. Also, she and her assistant Andrea consistantly handled themselves professionally and friendly. Not only did we give them a deadline that we had to sell due to military, there was also the added irritant of Chase Bank. With all this, yet Sandra met every challenge and excelled. Thank you. Mr. and Mrs. William T. Payne
Excellent service, friendly and knowledgeable! Mr. and Mrs. Marc Gianotli
Sandra Cullinan was a great help to us and was looking out for us with the sale. We have sold a home and purchased a home with Sandra. When we are ready to sell again (2-5 years), we will search out Sandra Cullinan. Mr. and Mrs. David A. Pierce
Sandra Cullinan is the best realtor in all of Augusta, maybe even the country. What a wonderful, caring, knowledgeable agent she is and truly an asset to Meybohm Realty- She ROCKS! Marilyn B. Altman
Sandra Cullinan went above and beyond her duties. She is a God send person. I will have her to purchase a new house in the future. Thank you for all your services. Patricia Washington
During our house hunting process we were able to see many homes without feeling the pressure of closing the deal. Our agent's goal was for us to find the right house and not just sell a house. Mr. Saman Nazar Zangana
Honest, great knowledgeable sales people Pamela B. Kennedy
Prompt service Tony E. Meade
Very early as we were simply being introduced to Augusta and the real estate market, we were not particularly pleased with service. With our connection to Sandra Cullinan however, we found energy and an accurate assessment of what our thoughts on what we bought. Mr. and Mrs. David L. Barcus
Sandra and Andrea were very helpful throughout the entire process. They constantly communicated with me via email and phone calls while I was doing my house hunting. My wife and I are very pleased with our new home! Thanks Sandra, Andrea and Meybohm! Mr. Anthony Weaver
Sandra and Andrea did a great job! Jill Churchill
Our home buying experience went very smooth. Mr. and Mrs. Hyun Ha
Excellent service, very knowledgeable and professional service, will definitely use Meybohm in the future! Ronald C. Blue
Sandra and Andrea were wonderful to work with. They made the entire process easy and stress free! Mr. and Mrs. Jansen Johnston
"It was so nice to find an agent like Sandra Cullinan. We lived out of the area and my husband was ill much of the time,This placed an added burden on Sandra to make sure that our property was always ready to show, which she handled with grace and compassion. When we needed to have repairs done she was our go between with the workers. She was always available by phone or email and was prompt in her response. I would highly recommend Sandra Cullinan to anyone needing a real estate agent. " Barbara Rollins, Orlando, Fl.
View All

ABR - Accredited Buyer RepresentativeASR - Accredited Seller RepresentativeCNHS - Certified New Home SpecialistCRS - Certified Residential SpecialistEqual Housing OpportunityMLS membershipREALTOR® certificationSRS - Seller Representative SpecialistMilitary Relocation Specialist

Real Estate Websites by iHOUSEweb iconiHOUSEweb | Admin Menu