Search Site
Title Insurance Can Be an Issue For Transfers of Real Property to a Trust

You should check your policy of Title Insurance for your real property before you transfer the property to a Trust.

To transfer real property to a trust, the client executes a grant deed, frequently called a “quitclaim deed” or a “trust transfer deed,” to himself, herself, or (in the case of a couple) themselves as trustee(s) of the trust.

CLTA POLICIES: Some Title Insurance companies have taken the position that the transfer of real property to a revocable living trust may terminate coverage of title insurance if you have a standard California Land Title Association (CLTA) policy. Before we transfer any of your real property to a trust, you should obtain any necessary endorsement (such as a CLTA 107.9 endorsement – additional insured) to ensure that the policy continues to apply to the trustee as insured.  The insurance company may charge you a fee to issue the endorsement.

ALTA POLICIES: The definition of the term “insureds” in the standard American Land Title Association (ALTA) policy is more expansive than in the standard CLTA policy, and thus at this time may cover a transfer to a revocable trust. You should check with your title insurance company to conform that this is the case for your policy, and get the confirmation in writing.

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form

  • "Ms. Wall has been of great assistance in competently preparing our family trusts and assisting with all matters pertaining to the recent death of my mother in law. She is the best example of the professionalism and care for clients who characterizes a great attorney and counselor."  -LN

  • "Dear Genny, On behalf of our family, I want to take a moment to thank you for your time, patience, expertise and especially your kindness while helping us manage the affairs necessary after our Mother’s passing. You may remember commenting that we all seem to get along and how rare that was in your experience. Fortunately, we can appreciate what our parents had worked hard to be able to pass on to us. Having someone of your expertise to help guide us, made it all the easier! Thank you again. May you continue to enjoy personal happiness and professional success."  -Best regards. – MB

  • "I like your attention to details, your willingness to answer any and all questions, always getting copies of materials needed, and that you allowed plenty of time to explain over and over if needed. Keep up the good work!"  -RG

Our Office
  • Laguna Hills Office
    24031 El Toro Rd
    Suite 200
    Laguna Hills, California 92653
    Phone: 949-859-0861
    Fax: 949-362-1749