Legal Question in Wills and Trusts in California

An elder in our family set up a Trust for his property; now deceased. Only one (1) of three (3) properties were recorded on a Certification of Trust with the local county Recorder's Office. Can we transfer the property not listed on the Certification of Trust to ourselves or do we have to go through a Probate Court to acquire/transfer title of the properties? We are located in Alameda County, CA. Help!


Asked on 12/03/14, 10:33 am

3 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

There is not enough information to answer your question. It depends on whether the person on title of property is still alive to transfer title to the trust, the terms of the trust, and many other things.

You will likely need to meet with an attorney to review the trust documents and your situation. Your question is not one that LawGuru is set up to handle, as it is very fact-specific and not one susceptible to a quick answer.

Best of luck to you.

Read more
Answered on 12/03/14, 10:50 am
Aaron Feldman Feldman Law Group

There is a motion that can be used (depending on your facts) to transfer the other properties into the trust. If that procedure is not available, then his Will would control and unfortunately that means going through Probate, which is what the Trust was designed to avoid. I can review the Trust and tell you if the motion is appropriate in your case. My # is 925.283.6691

Read more
Answered on 12/03/14, 10:51 am
Scott Jordan Jordan Law Office

Mr. Feldman is correct. My experience in Alameda County is that the Probate Judge will sign an order allowing the out of trust properties to be transferred into the trust.

Read more
Answered on 12/03/14, 11:21 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California