Can you deed from a trust or does it need to go to the individual first?

Can you deed minerals from a trust to an individual’s trust rather than a two-step process of deeding it to the individual and then from the individual to the individual’s trust?

In this example, the original trustee passed away. Her daughter was designated as the trustee and needs to deed the minerals to herself and her two siblings. One sibling has a trust. Can this be deeded directly to that sibling’s trust? Or does it need to be deeded to the sibling, and then they can deed it to their trust?

Assuming both trusts are valid trusts, the first trust can deed the minerals directly to the sibling’s trust.

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The mineral owner’s trust needs to be examined by an attorney. If the sibling (with the target) is currently living this might be a possibility. Usually good to paper this up.

It can be done, but the deed should be carefully prepared to reflect that the beneficiary has directed the trustee to convey the property to the beneficiary’s trust rather than directly to the beneficiary and the beneficiary should sign the deed in his or her individual capacity and as trustee of the beneficiary’s trust to acknowledge acceptance of the deed to help clear title. In some states, you would also want the consent of the spouse if the beneficiary was married.

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