§ 39-6.7. Construction of conveyances to or by trusts. - North Carolina Statutes

§ 39‑6.7.  Constructionof conveyances to or by trusts.

(a)        A deed, will,beneficiary designation, or other instrument that purports to convey, devise,or otherwise transfer any ownership or security interest in real or personalproperty to a trust shall be deemed to be a transfer to the trustee or trusteesof that trust.

(b)        A deed or otherinstrument which purports to convey or otherwise transfer any ownership orsecurity interest in real or personal property by a trust shall be deemed to bea transfer by the trustee or trustees of that trust. This rule of constructionshall apply:

(1)        Regardless ofwhether the instrument is signed by the trustee or trustees as such, or by thetrustee or trustees purportedly for or on behalf of the trust; and

(2)        Regardless ofwhether the instrument by which the trustee or trustees acquired titletransferred that title to the trustee or trustees as such, or purportedly tothe trust.

(c)        A deed or otherinstrument by which the trustee or trustees of a trust convey or otherwisetransfer any ownership or security interest in real or personal property shallbe deemed sufficient:

(1)        Regardless ofwhether the instrument is signed by the trustee or trustees as such, or by thetrustee or trustees purportedly for or on behalf of the trust; and

(2)        Regardless ofwhether the instrument by which the trustee or trustees acquired titletransferred that title to the trustee or trustees as such, or purportedly tothe trust.

(d)        The trustee ortrustees of a trust may convey or otherwise transfer any ownership or securityinterest in real or personal property as trustee or trustees even though thedeed or instrument by which the trustee or trustees acquired title purported toconvey or transfer that title to the trust.

(e)        Nothing in thissection shall be construed to limit the manner in which title to real orpersonal property may be conveyed or transferred to or by trustees. (2007‑106, s. 53.)