Compliance

Texting a property owner when the deed is held in a trust: what to know

Texting a property owner whose deed is held in a trust requires understanding who the actual "owner" is for consent purposes. You need to identify the trustee or beneficiary who has the authority to respond and provide consent.

November 5, 2026 · 3 min read

Identifying the authorized party for contact

When a property is held in a trust, the legal owner is the trust itself, not an individual. However, the trust acts through its trustee(s). For texting purposes, you need to reach the individual(s) who administer the trust and can make decisions about the property.

Public records often list the trustee or trustees, but sometimes only the trust name appears. Your skip tracing efforts should aim to identify the individual(s) associated with that trust, as he or she is the person capable of giving consent to communicate.

Understanding implied vs. express consent for trusts

If you receive an inbound text reply from a number associated with the trust's trustee, this generally constitutes implied consent for that conversation. However, for ongoing communication or new outreach, express written consent is always the safest route.

Treat communication with a trustee similar to any other individual property owner. He or she must provide clear permission to receive texts, especially for marketing messages. This is not legal advice, but a common-sense approach to minimize risk.

Dealing with multiple trustees or beneficiaries

Some trusts have multiple trustees, and for certain actions, all may need to agree. For communication, if one trustee replies, you may continue that conversation. However, if you are looking to secure a deal, you'll eventually need to ensure all decision-makers are on board.

It is important to determine early on who has the authority to act on behalf of the trust regarding the property. Sometimes, the trust document specifies that one trustee can act independently, but often, joint action is required.

Managing opt-out requests from a trust-held property

If a trustee or authorized party replies with an opt-out request, you must honor it immediately. This applies universally, regardless of whether the property is in a trust or individually owned. Keep clear records of all opt-out requests.

Treat an opt-out from a trustee as an opt-out for the property. Do not attempt to contact other known trustees or beneficiaries via text for that specific property, as that could be seen as circumventing the request. This is for informational purposes only and is not legal advice.

When in doubt, err on the side of caution

The rules around contacting consumers can be complex, especially with entities like trusts. If you are unsure about whether you have appropriate consent or who the correct party to contact is, it is best to proceed cautiously.

Sometimes, the safest approach is to send a clear, concise initial message asking if the recipient is the appropriate party to discuss the property. This allows him or her to self-identify and provide consent for further conversation. This is not legal advice, and you should consult with legal counsel for specific situations.

Questions people ask

Do I need to know all beneficiaries of a trust?

Typically, you communicate with the trustee, who is authorized to act on behalf of the trust. Knowing all beneficiaries is not usually necessary for initial outreach, but he or she will eventually need to be aware for a sale.

What if the trust is irrevocable?

The type of trust (irrevocable vs. revocable) primarily affects how the trust can be changed and its tax implications, not who you contact for property matters. You still need to communicate with the trustee(s) for property decisions.

Does a trust have a DNC status?

No, a trust itself does not have a DNC status. DNC lists apply to individual phone numbers. However, the trustee's personal phone number, if listed, would be subject to DNC rules unless he or she provides express consent.