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A family member was placed on a grant deed (trust) several years ago for the sole purposes of placing the property into a Trust,
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<span style="font-family: 'Georgia'">You are referring to do two different things here. The first is a deed. A deed transfers an interest in property from one person to another. So if this family member was "placed on a grant deed" that means someone executed a deed transferring his/her/its interest in the property to the family member. Let's call that family member Amy. The result of that transfer is that now Amy owns an interest in the property.<br />
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If the idea was to put the entire property into a trust, then the transfer of an interest to Amy would not help to achieve that goal because any interest Amy holds in the property is not held by the trust. <br />
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Or did you mean that the property was transferred to Amy as trustee of a trust for a minor child, who I'll call Barry, i.e. a transfer to Amy as trustee of the Barry Smith Trust? If that was the transfer then the transfer was to the trust, not to Amy.</span><br />
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<blockquote data-attributes="member: 130927" data-quote="Deb360" data-source="post: 316867"
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He is now an adult and wants the parcel placed in his name, the family member is refusing to release her name from the deed until he gives her money. Is there a way to remove her name legally without needing her to agree? The deed does not stipulate that it's irrevocable or revocable. The land is in Alabama.
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<span style="font-family: 'Georgia'">Barry's options here would depend on the state of the title to the property now. If the property is indeed owned entirely by the trust and Amy is simply the trustee of the trust, then what he needs Amy to do is execute a deed from the trust to him, assuming that the terms of the trust require or at least allow Amy to do that at this time. Barry needs to look at the trust instrument to see what he is entitled to get from the trust. The deed would not tell him that. Nor would the deed tell him if the trust was revocable or irrevocable. That too is found in the trust instrument, and the deed is not the trust instrument.<br />
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If Amy owns an interest in the property herself and not as trustee, then he may not have any right to that and if he wants it he may have to buy it from her to get it. <br />
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Barry ought to take a copy of the relevant deed records and a copy of the trust instrument to an attorney for help. Without reading those no one can tell Barry exactly where he stands with respect to this property. </span></div>
