Compliance

What are the rules for texting a homeowner whose property is in a revocable trust?

Texting a homeowner whose property is held in a revocable trust requires identifying the trustee as the correct contact and understanding consent requirements. Always remember that this information is for educational purposes only and not legal advice; you should consult with a legal professional.

October 17, 2026 · 3 min read

Identifying the correct party to contact

When a property is held in a revocable trust, the legal owner is the trust itself, not the individual who created it or lives there. For compliance purposes, you need to identify and contact the trustee, who is the individual with legal authority to act on behalf of the trust. This is the person who can make decisions about the property and provide consent.

Sending a text message to a previous owner or a beneficiary who is not the trustee may not be compliant or effective. Your skip tracing efforts should focus on finding the trustee's contact information. Ensure you understand who you are trying to reach before sending any communication.

Understanding revocable trusts and ownership

A revocable trust is a legal arrangement where a person (the grantor) transfers his or her assets to a trust for the benefit of named beneficiaries. The grantor often serves as the initial trustee and can modify or revoke the trust during his or her lifetime. This means the person you are texting might be the grantor, trustee, and beneficiary all at once.

However, the legal distinction is important for compliance. Even if the person you are texting is also the grantor, he or she is acting in his or her capacity as trustee when making property decisions. Your records should reflect that you are contacting the trustee of the specific trust that owns the property.

Consent for text messages still applies

The rules regarding prior express consent for text messages still apply, regardless of whether the property is in a trust or owned by an individual. You cannot send marketing text messages without prior express consent from the recipient. This consent must come from the individual who has the authority to grant it, which is typically the trustee.

Receiving a reply from a text you sent, like those provided by Speed to Seller, can constitute a form of consent to continue the conversation. However, for cold outreach to a trustee whose number you obtained through skip tracing, you generally need to ensure you have proper consent to avoid issues. Always be aware of the federal TCPA rules and any state-specific regulations. For more on this, see /learn/tcpa-and-cold-outreach-basics.

Documenting your efforts and consent

Maintaining detailed records of your outreach efforts is crucial for compliance. Document how you identified the trustee, the source of his or her contact information, and any interactions you have had. If you receive an opt-out request, record it immediately and cease further communication.

For any text message outreach, keeping a log of when messages were sent, to whom, and any replies or opt-outs is a good practice. This documentation helps demonstrate your compliance with regulations if your practices are ever questioned. It is part of working your leads effectively. You can learn more about this in /how-to-work-your-leads.

General compliance considerations (not legal advice)

Always remember that the information provided here is for educational purposes only and is not legal advice. You should consult with an attorney specializing in telecommunications law or real estate compliance for specific guidance tailored to your business practices and jurisdiction. Laws can vary by state and can change.

In general, treat texting individuals associated with trusts with the same caution and compliance rigor as you would any other homeowner. The goal is to establish a clear line of communication with the decision-maker while respecting his or her privacy and legal rights. This includes adhering to Do Not Call lists if you are making calls, even if you found the number through skip tracing. For comparing different lead acquisition strategies, including skip tracing, check out /compare/skip-tracing-vs-done-for-you-leads.

Questions people ask

Do DNC rules apply to trusts?

Yes, DNC rules apply to the individual you are contacting, who is the trustee. If the trustee's personal number is on the DNC list, you generally cannot call him or her for marketing purposes without his or her prior express consent.

How do I find out who the trustee is?

You can often find the trustee's name by reviewing the property's deed at the county recorder's office. The deed will typically list the trust as the owner and name the trustee.

What if the trust has multiple trustees?

If there are multiple trustees, you should attempt to contact all of them, or at least one who has the authority to act independently or on behalf of the others. Clarify his or her authority early in the conversation.