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A trustee uses a trustee's deed to convey property held in a living trust in Missouri.
In a trust arrangement, the settlor conveys property to the trustee, who holds title to the property for the benefit of a third party, the trust's beneficiary.
The trustee is the administrator of the trust whose power to sell trust property, in this case, is conferred by the trust instrument, the document executed by the trust's settlor establishing the trust and containing the trust provisions. The Missouri Uniform Trust Code also confirms the trustee's power to "acquire or sell property in divided or undivided interests, for cash or on credit, at public or private sale" ( 456.8-816, RSMo).
The granting language of "bargain and sell, convey and confirm" is the common language used in Missouri to transfer property to a grantee with special warranty. A special warranty contains limited covenants of clear title (subject to noted encumbrances), and protection against claims arising by or through the grantor only.
In addition to meeting the requirements for content and format required by standard deeds, such as quitclaim or warranty deeds, trustee's deeds must also reference the trust instrument designating the acting trustee. The deed must be signed by the acting trustee's in the presence of a notary public for a valid transfer. A distinct acknowledgment form for trustees is codified at 486.330(5), RSMo.
Contact an attorney with any questions about Missouri trustee's deeds, or living trusts in general.
Deeds.com Missouri Trustee Deed Forms Have Been Updated as Recently as Tuesday September 20, 2022
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