Can you withdraw house from trust without legal help or paperwork?

2 answers | Last updated: Nov 11, 2016
A fellow caregiver asked...

Can you withdraw house from trust without legal help or paperwork? I am the full time caregiver of my grandmother in Florida. She has AL but has not been deemed incompetent. She has a revocable living trust that has a house in it. She is the grantor in the trust. She wants to withdraw the house from the trust and sell it for her care. Can this be done without a lawyer or can an addendum be added to the trust withdrawing the property?


Expert Answers

Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

Your grandmother should be able to do this easily. One of the beauties of a living trust is that it allows people to have complete control over the property in it—and to sell or give it away as they see fit.

 

When selling the house, your grandmother can transfer it to the buyer in her capacity as grantor. She can do this by signing the new deed to the buyer as: “[Your grandmother’s name], trustee of the [your grandmother’s name] Living trust dated [Date the trust was created].”

 

Once the property has been transferred to the new owner, your grandmother should modify the property schedule of the trust document to reflect the change. She shouldn’t need to go through the time and expense of hiring a lawyer to do this. 


Community Answers

A fellow caregiver answered...

What if the person resigned as trustee already but is still competent? I am the only caregiver and now trustee but other siblings want a inheritance but not the responsibility of helping. If I give up my life to care for her she wants me to have the house otherwise it will be a nursing home.  What can be done?