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Maine Trustee Deed

Maine Trustee Deed Information

The trustee's deed in Maine is a statutory short form codified at 33 M.R.S. 775(3).

Under the Maine Uniform Trust Code, a trust is created by a "[t]ransfer to another person as trustee during the settlor's lifetime or by will ... taking effect upon the settlor's death" (18-B M.R.S. 401(1)). A settlor is defined as "a person, including a testator, who creates or contributes property to a trust" (18-B M.R.S. 103(14)).

According to Black's Law Dictionary, 8th ed., a trust is "a property interest held by one person (the trustee) at the request of another (the settlor) for the benefit of a third party (the beneficiary)." A beneficiary) is a person who holds "a present or future beneficial interest in a trust, vested or contingent" (18-B M.R.S. 103(2)).

A trust created during the settlor's lifetime is a living trust, and a trust taking effect upon the settlor's death is a testamentary trust. Conveying trust property after a settlor has died requires a different type of deed called a deed of distribution by personal representative. To transfer real estate held in a living trust, however, a trustee's deed is used.

The trustee's deed is named for the person executing the deed. A trustee is the person designated by the trust instrument to administer the trust and "includes an original, additional and successor trustee, and a co-trustee, whether or not appointed or confirmed by a court" (18-B MR.S. 103(19)).

In Maine, trustees have the specific power to sell property under 33 M.R.S. 816(2). In the trustee's deed, the trustee serves as the grantor to convey real property to a grantee. The trustee's deed includes the name and date of the trust on behalf of which the trustee is acting, in addition to the name and address of each acting trustee.

An effective trustee's deed requires a description of the real property conveyed, as well as a reference to the prior instrument conveying title to the acting trustee. Where appropriate, 33 M.R.S. 772-A requires a release of spousal interest in real property. All acting trustees, and spouses joining as grantor, if applicable, must sign the deed in the presence of a notary public.

Consult a lawyer for guidance using a trustee's deed. Trust law can quickly become complicated, and each situation is unique.

Deeds.com Maine Trustee Deed Forms Have Been Updated as Recently as Thursday May 12, 2022

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