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preliminary change of ownership report, advanced question

Posted by gcastro on January 17, 2004 at 10:08 PM

Ward, lets say that I want to put my property into a THT, but I am not sure at this moment whether the best for me would be a revocable, or an irrevocable one. So what I do is to deed the property to a trust, but do not show the declaration of trust to anybody. I do that so that if I encounter a situation where I need an irrevocable trust, then I create a declaration of trust at that time, but dated back before the deed was signed. That way everyone has to believe that that was the trust I always had. Anyways, here comes the question: Assuming that that is my plan, then, how would I fill out the Preliminary change of ownership report when I record the deed, specially on part 1, where they ask you all those questions like: “Is this tranfer of property to a revocable by the tranferor...”?


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