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When property is ?held in trust,? there is a divided ownership of the property, ?generally with the trustee holding legal title and the beneficiary holding equitable title.? The trust itself owns nothing because it is not an entity capable of owning property.
To name a special needs trust as a beneficiary, use the name of the trustee and the full legal name of the trust as beneficiary: For example: Chris Lee as the trustee of The Pat Lee Special Needs Trust"
In a deed of trust, the borrower is called the trustor and the lender is the beneficiary. The trustee holds title to the property until the trustor has fully repaid the loan to the beneficiary, at which time the lender notifies the trustee, who then transfers full title of the property to the trustor.
To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located.
The transferee must have been a beneficiary of the trust when the property was acquired and became an asset of the trust (i.e. the relevant time). There must be no consideration for the transfer and the transfer of property from trustee to beneficiary must not be part of a sale or other arrangement.
In a deed of trust, the borrower is called the trustor and the lender is the beneficiary. The trustee holds title to the property until the trustor has fully repaid the loan to the beneficiary, at which time the lender notifies the trustee, who then transfers full title of the property to the trustor.
The truth is neither the trustee nor the beneficiary has any rights. Trustees have duties and the powers to carry them out. Beneficiaries can ensure their trustee abides by their duties and correctly administers the trust. If they don't, then the beneficiary can hold their trustee accountable.
Can a Beneficiary be a trustee. The simple answer is yes, a Trustee can also be a Trust beneficiary. In fact, a majority of Trusts have a Trustee who is also a Trust beneficiary.