Selling a Property Held in Trust
FACTS: The home is titled in the name of a revocable living family trust. The husband and wife are the grantors/trustees of the trust, and the children are the beneficiaries.
ISSUE: Who should sign the purchase contract?
ANSWER: See Discussion.
DISCUSSION:
Since the trust is revocable, the grantor(s) have the power to sell the home. Since both husband and wife are grantors of the trust, both husband and wife should sign the purchase contract as trust grantors. The beneficiaries of a revocable living family trust can sell a home held in the trust only after the grantor(s) pass away.