§ 34-25-055

(a) A person, including a trustee, may convey real property to a trust whether or not a trustee of the trust is named as a grantee in the instrument of conveyance. A trustee of a trust may convey real property from a trust whether or not a trustee of the trust is named as a grantor in the instrument of conveyance. (b) In a conveyance under (a) of this section, notice of the existence of the trust does not affect the status of a purchaser as a bona fide purchaser. (c) Real property that is owned by a trust and that is purchased by a bona fide purchaser from a person in the person's capacity as trustee of the trust is acquired free of any claim of the beneficiaries of the trust. (d) Notwithstanding other provisions of law, a trust instrument may not change the effect of (c) of this section. (e) In this section, (1) 'bona fide purchaser' means a person who purchases real property for value from a trust and who (A) has not knowingly been a party to fraud or illegality affecting the interest of persons who are parties to the purchase transaction or beneficiaries of the trust; (B) does not have notice of an adverse claim by a beneficiary of the trust; and (C) has acted in good faith in

st of persons who are parties to the purchase transaction or beneficiaries of the trust; (B) does not have notice of an adverse claim by a beneficiary of the trust; and (C) has acted in good faith in the purchase transaction; (2) 'conveyance' means a conveyance made before, on, or after August 9, 2000; (3) 'purchaser' means a person who acquires real property by sale, lease, mortgage, pledge, or lien, or who otherwise deals with real property in a voluntary transaction other than by making a gift; (4) 'real property' includes an interest in real property; (5) 'value' means acquisition of property (A) in return for a binding commitment to extend credit; (B) as security for or in total or partial satisfaction of a claim that existed before the giving of the security; (C) by accepting delivery of the real property under a contract that is for the purchase of the real property and that existed before the delivery; or (D) in return for other consideration sufficient to support a contract.