Deed of Trust

Archive for February, 2009

Question: What if a registered will doesn't identify its beneficiaries by name.?

my siblings and I were told over and over we were beneficiaries of my grandfather's will and we got a copy that says we should have already received money but doesn't mention ours or any other beneficiaries' names including our parent and her siblings though they got their inheritance 20 years ago. The rest is in a trust but our mother has deeded many things out of the trust and to herself. The will is public record; is it possible that the intended beneficiaries are identified in a sealed record?

Answer: That just isn't sounding right at all. I have never heard of a Trust or a Will that doesn't name the Beneficiaries. Are you sure that you received a full copy? Sounds fishy to me.
Usually a Trust is created to avoid Probate and is suppose to be follow to the letter by the Successor Trustee whom is named in the Trust. Sometimes there is a Will and the Trust should refer to the Will. And sometimes there isn't a Will, just a Trust.
Who prepared the documents, was the Trust and Will prepared by an Attorney?
From what you are saying, it sounds like you haven't received any money, is that true?
I have never heard of a sealed record for Beneficiaries.

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Question: Thank you Huarachekid I thought that was how it worked. So, if the Deed of Trust was signed and notarized

before the Grant Deed conveying the actual title that the Deed of Trust And Note encumbers then what happens? ( the documents were recorded in order, but signed by the buyers out of order w/ DT being signed a few days before the GD)

Answer: No, The order that they are signed is irrelevant. It is the order they are recorded with the County's Recorders Office. The Note and Deed of Trust come from the Lender. The Warranty Deed or Grant Deed come from the Title Company. The Deed of Trust is signed by the Buyers. The Warranty Deed is signed by the Sellers and Buyers. None of it is binding until the loan is funded and the documents are recorded. You do not own the property on the date you sign the documents. Not until they are Recorded

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