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Carla Pennington, Realtor®
Paula Thomas Real Estate Group
101 Cooperative Way Suite 205
Georgetown, TX 78626
Mobile: 512-635-2117
Email: Carla@CarlaPennington.com
 






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"What does the Lord require of me? To act justly, love mercy and walk humbly with my God." Micah 6:8

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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 A statement that the trust has not been revoked, modified, or amended in any manner which would cause the certification to be incorrect and that the certification is being signed by all currently acting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

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Testimonials

Carla is a knowledgeable and honest agent who helped us buy our dream retirement home in Georgetown. She is very knowledgeable about the area, spent many hours showing us real estate that fit our taste and budget and became our advocate and negotiator when we found the house we wanted. Carla works for a great broker and if there were any questions that she wanted a second opinon on, she had immediate access to her staff and office. I would not hesitate to use Carla again and recommend her highly to all who want both a pleasant and profitable outcome for their real estate search. Mark & Sue
Carla Pennington has been our realtor for several years now in both buying and selling real estate.  She also has served as our leasing agent on homes that we own!  We totally trust Carla on her advice in our transactions and will continue to use her services in future transactions!  We consider her a friend! Great communicator, easy to work with, understood and found our needs. All round great lady & we've really enjoyed working with her! Dawn & Betty
We were at a potential purchase property and on a whim picked Carla's card from a stack that were on a table in the kitchen (front door wasn't locked so we let ourselves in). This whim was a blessing in disguise as Carla has to be one of the most attentive and considerate real estate representatives that I have ever had the pleasure to work with. She was very quick to respond, attentive to our needs, considerate of our small children, flexible in scheduling and just an overall downright wonderful experience. She left a 'good taste in our mouth' so to speak. Another plus for Carla is that my 20 month old daughter 'likes' no one and never gives hugs away. At our first meeting with Carla, our daughter gave her 2 hugs and has given her one each time she has seen her since. To me - this speaks volumes to Carla's stellar character. My husband & I would highly recommend Carla to anyone that wants an enjoyable and stress free buying/selling experience. Carla's counterparts in the Paula Thomas Real Estate Group are more than willing to step up to the plate should for any reason Carla not be able to assist and to me this makes a wonderful 'family' group to work with for a job well done! thanks Carla! Kelly & Shannon
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