Modifying the terms of the Title Holding Trust

Yes, in CA you can make the termination date of your trust “forty” years without fear of violating the common law proscriptions contained in the Rule Against Perpetuities.

I have done hundreds of real estate transactions in CA since 1982 and have been involved in several lawsuits involving the Title Holding Trust (THT) in one way or another and have never had that issue ever brought up.

I have always set my trust termination date at 35 years and have further enunciated in the trust agreement itself that the termination date may be advanced even more via a formal amendment to the trust agreement.

Hope this helps,

--------------------------Ward


====================================================

In California, Does Title Holding Trust have to be liquidated after 20 years?

I read articles said "Another duty of the trustee is to sell at public auction any property remaining in the trust twenty years from the date of the agreement"

In the private Title-Holding-Trust-Agreement, can I modify "twenty years" to "forty years" ?



Edited 1 time(s). Last edit at 06/02/2015 11:05AM by Ward-CA.