Title Insurance Requirements for Insuring Trusts

Published 09/21/2018

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:

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A statement that the trust has not been revoked, modified, or amended in any manner which would cause the certification to be incorrect and that the certification is being signed by all currently acting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

Keep reading other bits of knowledge from our team.

Request Info

Have a question about this article or want to learn more?

About

Search

Search Properties

Website built by CloseHack.

The information being provided by Houston Association of REALTORS, Inc. is for the consumer's personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Any information relating to real estate for sale referenced on this web site comes from the Internet Data Exchange (IDX) program of the Houston Association of REALTORS, Inc. This web site may reference real estate listing(s) held by a brokerage firm other than the broker and/or agent who owns this web site.

The accuracy of all information, regardless of source, including but not limited to open house information, square footages and lot sizes, is deemed reliable but not guaranteed and should be personally verified through personal inspection by and/or with the appropriate professionals. The data contained herein is copyrighted by Houston Realtors Information Service, Inc. and is protected by all applicable copyright laws. Any unauthorized dissemination of this information is in violation of copyright laws and is strictly prohibited.

Central Texas MLS | Four Rivers Association of REALTORS® All information deemed reliable but not guaranteed. All properties are subject to prior sale, change or withdrawal. Neither listing broker(s) or information provider(s) shall be responsible for any typographical errors, misinformation, misprints and shall be held totally harmless. Listing(s) information is provided for consumer's personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. The data relating to real estate for sale on this website comes in part from the Internet Data Exchange program of the Multiple Listing Service. Real estate listings held by brokerage firms other than Gregg's Team Real Estate Group may be marked with the Internet Data Exchange logo and detailed information about those properties will include the name of the listing broker(s) when required by the MLS. Copyright ©2022 All rights reserved.

Based on information from South Texas MLS, LLC for the period 01/01/2024 through 12/31/2024. All information provided is deemed reliable but is not guaranteed and should be independently verified. South Texas MLS, LLC provides the MLS and all content therein 'AS IS' and without any warranty, express or implied. The listing data contained is a copyright of Texas Association of REALTORS® and that reproduction or distribution is not allowed. IDX information is provided exclusively for personal, non-commercial use, and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Information is deemed reliable but not guaranteed.

The information being provided is for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Based on information from the Austin Board of REALTORS®. Neither the Board nor ACTRIS guarantees or is in any way responsible for its accuracy. All data is provided "AS IS" and with all faults. Data maintained by the Board or ACTRIS may not reflect all real estate activity in the market.

MLSGrid IDX Data Notice
DMCA Notice

Title Insurance Requirements for Insuring Trusts

Published 09/21/2018

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?

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:

Date of execution of the trust instrument,
Identity of the trustor and trustee,
Powers of the trustee,
Identity of person with power to revoke trust, if any,
Signature authority of the trustees,
Manner in which title to the trust assets should be taken,
Legal description of any interest in the property held by the trust, and
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?

Article by CLTA

Title Insurance Requirements for Insuring Trusts

Published 09/21/2018

What is a trust?

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

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

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

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

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

How does a notary acknowledge the signature of the trustee?

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

Are there any limitations on what a trustee may do?

Related Articles

Request Info

About

Search

Title Insurance Requirements for Insuring Trusts

Published 09/21/2018

What is a trust?

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

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

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

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

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

How does a notary acknowledge the signature of the trustee?

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

Are there any limitations on what a trustee may do?

Related Articles

Request Info