Should I use a quitclaim or warranty deed to transfer property to a living trust in Utah?

Whether to use a quitclaim deed or a warranty deed to transfer property into a living trust in Utah depends in part on who holds the property, how it is held, and who the beneficiaries and grantors of the trust are. Under Utah law, a quitclaim deed only transfers whatever rights the grantor has to the property. If the grantor has no rights to the property, then no rights are transferred by a quitclaim deed. If the grantor has valid title rights to the property, then those rights are legally transferred to the grantee. Under a quitclaim deed, the grantor makes no representation that he or she actually has good title to the property. A warranty deed, however, not only transfers the grantor's rights to the property, but also contains a guarantee ("warranty") from the grantor that the grantor has good title to the property. There are advantages and disadvantages to the use of each kind of deed. Consultation with a Utah wills and trusts attorney should help you determine which deed is appropriate for your situation.

Finding a Wills and Trusts Attorney in Utah

If you are considering creating a living trust and last will and testament for the first time, there are many options available to you. Utah wills and trusts attorney Stephen Howard works individually with clients to create personalized estate plans tailored to their individual needs. If you have previously created a living trust and a last will and testament, it is important to periodically review these documents with an estate planning attorney to ensure that they still meet your needs and goals. If you decide to make changes to these documents, Stephen Howard can help ensure that the changes meet your intended goals and that the new documents or amendments are validly executed, witnessed, and notarized.

Contact us today to schedule an initial consultation with Utah estate planning attorney Stephen Howard.