# Transfer title to a Living Trust in Hawaii



## C.Griswold (Jun 16, 2008)

I live in California and have prepared a Living Trust for me and my wife.  I've already transferred title of my California real estate to my trust, which was very simple.  (Please: no comments about representing one's self, or preparing the deed on my own/without a lawyer.)

We also own a Marriott Time Share in Hawaii and I need to transfer title in the Time Share to the Trust by recording a new deed in Hawaii.  Is it as easy and straight forward as doing so in California?  Where might I get exemplars and forms for this transfer in HI?  (forms for doing so in CA were plentiful)

Thanks in advance.


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## nell (Jun 16, 2008)

Maybe this thread will help.

http://www.tugbbs.com/forums/showthread.php?t=31114


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## C.Griswold (Jun 16, 2008)

The thread you posted is not helpful to me.  The thread you posted just told me to hire a lawyer in Hawaii, or to use a service in Hawaii.

Preparing a deed is a simple matter; it's the recording within the county/state that varies.  I just wanted to see if anyone had prepared and recorded a deed as part of moving title in a Time Share in Hawaii to a Revocable Trust.  If anyone has done so, then that person would know if there are any pecularities to Hawaii that I should know about.  I want a "do it yourself" tip from someone that's done it.

Thanks.


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## Karen G (Jun 16, 2008)

C.Griswold said:


> I just wanted to see if anyone had prepared and recorded a deed as part of moving title in a Time Share in Hawaii to a Revocable Trust.  If anyone has done so, then that person would know if there are any pecularities to Hawaii that I should know about.  I want a "do it yourself" tip from someone that's done it.
> 
> Thanks.


I'm your girl for this post!  I recently spent several frustrating months dealing with the folks at the Hawaii Bureau of Conveyances but I'm happy to report that I finally have gotten our Hawaii timeshare transferred into our family trust.

    Here's  the website you want for the forms you'll need.  They are very, very picky so be sure you follow the instructions perfectly.

I carefully copied our deed of trust transferring ownership from us to the trust.  I submitted the document and it was recorded. Then when I got the recorded copy back I sent a copy to our timeshare management office so they could change their records to reflect ownership by the trust.  They sent it back and said it wasn't worded correctly because I had just typed "The G____ Family Trust" and I had neglected to add our names as Trustees of the Trust.

Then I had to do a correction deed and that's when the "fun" started.  There was a form to submit with the newly reworded deed and I had not checked a certain box on the form.  Papers went back and forth between me and the Hawaii office.  The last straw was when I called the office to find out what I'd done wrong for the umpteenth time.  The girl said she couldn't tell me because that would be considered giving legal advice.  I asked to speak to the supervisor and after I practically begged her to just give me a hint, she finally broke down and said it was a box I needed to uncheck!!

Best of luck to you--you can do it yourself but just be very, very careful and double check everything you do.


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## Karen G (Jun 16, 2008)

Here's some additional wording that may be of help to you:

When you list the Name of the Grantee you can do it like this:

John Doe and Mary Doe, Trustees of the Doe Family Trust, dated September 12, 2007

When you sign the Deed of Trust before a Notary, you can list each person this way:

John Doe, individual grantor and as Trustee Grantee

Mary Doe, individual grantor and as Trustee Grantee


Hope that may be of some use to you.


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## C.Griswold (Jun 16, 2008)

Karen G, you certainly are my girl for this issue.  I sincerely thank you for your help, I'm going to start on it tonight.  If I tumble, you may hear from me with a request for help, but based on what I've seen, I think things will go well for me.  Best regards.


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## Kildahl (Jul 19, 2008)

Karen G said:


> I'm your girl for this post!  I recently spent several frustrating months dealing with the folks at the Hawaii Bureau of Conveyances but I'm happy to report that I finally have gotten our Hawaii timeshare transferred into our family trust.
> 
> Here's  the website you want for the forms you'll need.  They are very, very picky so be sure you follow the instructions perfectly.
> 
> ...



The real problem with  do it yourself deeds is that the most serious problems are not identified until the grantor dies. The miniscule cost of having a deed prepared or reviewed by a attorney pales in comparison to the time and cost invlved with probating an estate in Hawaii.


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## Icarus (Jul 19, 2008)

When I transferred property to a living trust in Hawaii, I just called a local title company. The cost was insignificant. They had an attorney that drafted the deed for about $100 and only charged something like $25 to record the deed.

-David


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## Kauai Kid (Jul 19, 2008)

I transfered title into a revocable living trust using a Hilo   attorney.  Cost was trivial.  Don't be penny wise and pound foolish.  I don't do my own surgery either.   

Sterling


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## seatrout (Jul 31, 2008)

Sorry for being ignorance but--

Why would you guy want to tranfer tile to a trust/partnership

is it for--- asset protection ?? avoidance of probate ??  So that all the children can use without splitting among each other ??

I understand the need for larger realestate holding but is it worth the hassel
with timeshares ??

Is the reservation any difference when you call ie Marriott/Westin ??


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## Karen G (Jul 31, 2008)

seatrout said:


> Why would you guy want to tranfer tile to a trust/partnership
> 
> is it for--- asset protection ?? avoidance of probate ??  So that all the children can use without splitting among each other ??
> 
> ...


In our case, it was all of the above reasons.  Since we own several timeshares in various states and foreign countries, I don't want to put a burden on our heirs to have to probate our estate in all those different places.  All our real property & some other holdings is in the name of our trust with myself and my husband as the trustees.  We make our reservations at our timeshares in our own names.

We fortunately haven't had to go through probate when my inlaws and my dad passed away because of advance planning and because they didn't hold any real estate in only their names when they died.  I don't want my kids to have to go through it either.


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