Keeping Real Property Transfers Private

One of the many benefits of transferring real property into a revocable living trust is the privacy that comes with this transfer.

In most states, titles on real property can be transferred through deed to the trustee without the trust agreement having to be recorded. However, there is one possible obstacle that could impede your privacy, Title Insurance Examiners. They may deny a policy if they are not allowed to view the trust instrument. Fortunately, there is a way to avoid this by forming a nominee partnership. Through this method, the property is owned by the partnership, the partnership is owned by the trustees, and then the partnership would serve as agent and nominee for the trust. This way the title will be recorded in the name of the partnership instead of the trust and the examiner will generally not ask to view any partnership agreements.

For more information on how to keep your trust instruments private, contact one of our professional estate litigation Attorneys at the Law Offices of David A. Shapiro.

*This blog entry was not written by an Attorney and should not be constituted as professional legal advice.