Correct Vesting of Title to Real Property Involving Trusts (Mississippi)

Last week we discussed the proper vesting of title for trusts in Tennessee. You may recall that we said Tennessee law does not recognize the trust as a separate legal entity, and that title to real property conveyed to the trust itself creates an issue of legitimacy, and may require a correction deed to specify the trustee as the titleholder. Mississippi takes a more relaxed approach to this issue. According to one of our Mississippi attorneys, Bethany Hesser, Section 91-9-2 of the Mississippi Code authorizes interests in real property to be acquired in the name of the trust, and any property conveyed to the trust in its name only will be deemed to be vested in the trustee of the trust. So if you are dealing with Mississippi property, you should not have any hiccups in your closing resulting from proper vesting for trusts. However, if you have any questions or need help with one of your transactions involving a trust, please do not hesitate to contact your Realty Title representative.

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