Dealing with a Seller that owns property in the name of a trust is much simpler than it may initially sound. The main thing you want to confirm with your customer is that they are the current acting trustee for the trust. Often times it is relatively easy to determine that you have the correct person since trusts are often times created by an individual using their own name in the name of the trust and that individually also acts as trustee. As an example: “Jane Doe Revocable Living Trust”. It is likely that if you are dealing with Jane Doe that you have the right person since she likely created this trust with herself named as the trustee. Alternatively, if you have a trust with a name like: “Apples and Oranges Revocable Living Trust” then you may need to confirm with your contact that they are in fact the named trustee for that trust (since the name is not apparent in the trust’s name). While you don’t need to do too much digging you do want to explain that only the trustee of the trust can legally bind the trust so if the individually you are dealing with isn’t the trustee then there will be problems to fix down the road.

The title company will need to review a copy of the trust and any amendments in order to determine the identity of the trustee(s) and the trustee(s) powers. At the outset you will likely want to let the Seller know that they should make sure they have a copy of their trust ready for the title company to avoid any delays in clearing up title for closing. 

Communicate early with the title company and assist in getting them the complete trust agreement at the outset so that they can complete their review and address any issues upfront. If you have concerns or questions don’t be afraid to ask those to your title company’s attorney before you proceed with the listing.