Wrong address on deed in trust
December 2, 2022 10:25 AM   Subscribe

My parents established a trust, and the deed listing their home has the wrong address. The attorney says this isn’t an issue, but is it? YANML - more details inside

As stated, my parents recently established a trust in NYS, and their home is a part of this trust. The address for their home is wrong on the deed, but the description of the property is correct. The attorney has stated this isn’t a big deal because the description of the property is right. But is it actually a big deal? What next steps should be taken? They are meeting with the attorney today. I feel they should get a second opinion, at minimum, but wanted to ask here first. As the executor, it worries me this will cause problems down the line in managing the estate.
posted by glaucon to Law & Government (12 answers total)
 
I’m not a lawyer, but if it’s “so easy”, it seems like at least for peace of mind it’s worth to address now
posted by raccoon409 at 10:31 AM on December 2, 2022 [6 favorites]


Of course it's a big deal, while I know there is also sorts of legal description, just from a clerical standpoint I can see how that error would get propagated. Feel free to put this on the trustors, "I know it's not a big deal but they will really want it corrected."
posted by wnissen at 11:05 AM on December 2, 2022 [3 favorites]


I would definitely fix this now especially at today's meeting. I'd be firm and push back and then follow through with the new documents to ensure its correct. Avoiding and minimizing legal headaches down the road is definitely worth it to fix stuff like this. It seems like a huge deal to me.
posted by Mr. Papagiorgio at 11:11 AM on December 2, 2022 [1 favorite]


Boy, I'm no lawyer but that sends chills down my spine. If it were me, I would definitely get that addressed starting today. That particular lawyer is likely not the one who will be potentially dealing with this down the line. If it got missed and you discovered it years from now, well, that's one thing, but actively moving forward with the process with a known error like that just feels really unwise.
posted by anderjen at 11:22 AM on December 2, 2022 [2 favorites]


I'd be very surprised if it was a big deal. But the if it is bothering you the attorney visit will be an opportune time to correct it. Possibly give them a heads up that you want to do this so they can have a corrected document ready for you to sign and have notarized. Or it might be possible to just cross out and write in the correct address on the original deed document and refile it yourself. I don't know what the rules are in your state. You will have to pay another filing fee for the corrected deed. You could also call the recorder's office and see if they can tell you what you need to do to file a corrected deed, but they are not lawyers and don't give legal advice.
posted by Blue Genie at 11:29 AM on December 2, 2022 [1 favorite]


The lawyer should assure that it gets fixed. It's sloppy and reflects poorly on their work, and why would anyone not fix errors in a trust or any legal document?
posted by theora55 at 12:06 PM on December 2, 2022 [3 favorites]


I had a legal document with an error and I was so glad I had it fixed (and it was a huge pain in the neck to do so). I was involved in an unexpected lawsuit years later, and that correction turned out to be very important. The other side’s lawyers even tried to argue that the correction should not have been made. So please get this fixed. You really never know what will come back to bite you.
posted by FencingGal at 12:24 PM on December 2, 2022 [2 favorites]


Agree with all. The description of the property is accurate? Things change, maybe they get a good deal to demolish it and lease it out as a parking lot. Then, the description wouldn't match at all! Sounds like the lawyer knows it's gonna be extra work and just doesn't feel like it.
posted by a non mouse, a cow herd at 2:03 PM on December 2, 2022


I assumed "the description of the property" meant the legal or tax description, like the section/block/lot or the really wordy "starting from this marker go 450 feet west then..."
posted by GCU Sweet and Full of Grace at 2:43 PM on December 2, 2022 [1 favorite]


Best answer: Street addresses aren’t typically used for conveyancing. The legal description (metes and bounds) or block/lot are typically what is legally relevant. That said, it’s easy enough to fix by re-recording the deed with the correct address, so you can ask them to do that.
posted by hovizette at 5:42 PM on December 2, 2022 [1 favorite]


Best answer: Street addresses aren’t typically used for conveyancing.

100% this. Street addresses are for convenience. The description of the property (the underlying land, not whatever sits on top of it) is what would be used if any sort of dispute about ownership of the property arose, not the street address, which is subject to change as localities rename streets, potentially change numbering if they shorten it, etc.

If it bothers you that much, get it fixed, but your lawyer is correct.
posted by tubedogg at 11:19 PM on December 5, 2022


Yeah, this seems like a surgeon saying
"Well, we accidentally left a sponge inside your gut, but ya know—we just finished stitching you back up, so... you know, it'll probably be fine..."
Their mistake won't affect them in the future, it can only come back and be a huge pain for you.

(and yeah, if they are so blasé about this, I would wonder what other mistakes/surprises might be in their work)
posted by blueberry at 5:46 PM on December 16, 2022


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