Is it better to quitclaim, transfer, or grant deed my portion of the real estate to a revocable living trust where I am trustee?

First you should check with your bank if the transfer would activate the due on sale clause. Second, you sould realize that the transfer probably will trigger a Prop 13 revaluation and increase in property tax. Last, the difference between the deeds (quitclaim, grant) are irrelevant to this type of transaction. You can use any type of deed, although I would recommend a grant deed to most of my clients.

Hello, I agree with the answer above, it covers the big points to consider. In particular you should be careful with the lender. In most cases in california a transfer into a revocable living trust does not trigger the due on sale clause check the "Garn Act" A transfer into an inter-vivos trust in which the borrower is and remains a beneficiary and that does not relate to a transfer of rights of occupancy in the property does not violate the due on sale clause. Good Luck.

You can use either a Trust Transfer Deed or a Quitclaim deed to transfer your 1% to your revocable living Trust. This question was posed yesterday by your brother, so check with him for some answers as well. Transferring property from yourself to yourself as Trustee of your Trust will not trigger a reassessment. You are just transferring the interest that you already own, so this is exempt. In fact, on the Preliminary Change in Ownership Report that is required to be submitted with the deed, there is a box you check of that says this is a transfer of an interest into a living trust for the grantor's benefit. I am not sure why others here have responded that it will trigger a reassessment. Also, on the deed, you must state that this transaction is exempt from documentary transfer tax. As with the property tax, transfers to a revocable trust is exempt from documentary transfer taxes. Additionally, in my experience, transferring property to a revocable trust does not accelerate a loan. Good luck.