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  1. #1
    Join Date
    Apr 2011
    Posts
    142

    Default Capitlization Error in a Recorded Deed

    My question involves estate proceedings in the state of: CA

    Living trust was created as “ABC Living Trust”. However, when property was recorded with the county, it was recorded under “Abc Living Trust”. ABC was not all capitalized. Estate planner says that whether or not ABC is all capitalized does not matter and it is good. True?

  2. #2
    Join Date
    Jul 2018
    Posts
    970

    Default Re: Recorded Deed

    Quote Quoting jyeh74
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    Living trust was created as “ABC Living Trust”.
    Sentences with missing subjects lead to ambiguity. Created by whom?


    Quote Quoting jyeh74
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    However, when property was recorded with the county, it was recorded under “Abc Living Trust”.
    What does "property was recorded" mean? Property does not get recorded. Documents get recorded. What does "it was recorded under 'Abc Living Trust'" mean?


    Quote Quoting jyeh74
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    Estate planner says that whether or not ABC is all capitalized does not matter and it is good. True?
    What does "estate planner" mean? Does this mean an attorney told you this? If so, is there some reason you don't believe what he/she told you is accurate?

    As far as the question asked, it's almost certainly true, but I can't say for sure until you explain what "it was recorded under 'Abc Living Trust'" means.

  3. #3
    Join Date
    Mar 2013
    Posts
    16,500

    Default Re: Recorded Deed

    If the initials ABC and Abc are just a substitute for the actual name of the trust so you can avoid being identified, then there is not way to answer the question without knowing the actual name of the trust and the actual name on the deed.

    However, it's a lot easier to correct it now rather than having your heirs screwed up if it turns out wrong after you're dead.

    My advice: Fix it.

  4. #4
    Join Date
    Jul 2018
    Posts
    970

    Default Re: Recorded Deed

    Quote Quoting adjusterjack
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    Fix it.
    Fix what?

    That said, I agree with the first comment.

  5. #5
    Join Date
    Apr 2011
    Posts
    142

    Default Re: Recorded Deed

    I mean the grant deed has been recorded for the property. I’m using ABC Living Trust as a general statement as to not be identified. It reads John Smith, trustee of Abc Living Trust. It’s just a matter of ABC not being all capitalized.

    The estate planner is the attorney who wrote the living trust. He said it is ok and It is the same three letters. It’s Stylistic only. I’m just asking because I want to know if it’s true or is he just being lazy because he does not want to re-record the grant deed.

  6. #6
    Join Date
    Jul 2018
    Posts
    970

    Default Re: Recorded Deed

    Quote Quoting jyeh74
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    The estate planner is the attorney who wrote the living trust. He said it is ok and It is the same three letters. It’s Stylistic only. I’m just asking because I want to know if it’s true or is he just being lazy because he does not want to re-record the grant deed.
    Why the opinion of an anonymous stranger on the internet should matter when you have a known attorney telling you something is beyond me, but I agree that it doesn't matter.

  7. #7
    Join Date
    Apr 2011
    Posts
    142

    Default Re: Recorded Deed

    Quote Quoting pg1067
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    Why the opinion of an anonymous stranger on the internet should matter when you have a known attorney telling you something is beyond me, but I agree that it doesn't matter.

    Because I like to talk to strangers.

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