Legal Question in Wills and Trusts in California
Family Trust
My mother and father in-law, husband and I own a piece of property. All four of our names are on the grant deed. The in-laws have recently included the property in their Living Family Trust. It is my understanding that when one of us dies, the property automatically passes to the remaining owners as listed on the deed. Because the in-laws have included the property in their trust, will my husband and I have any problems when they are both deceased?
1 Answer from Attorneys
Re: Family Trust
It depends how title is held--at their deaths, if it's held in joint tenancy, then you and your husband will own it fully.
However, if the trust owns their share (this can be done by severing the joint tenancy with a new deed), then their share of the property will pass through the living trust to the beneficiaries named in the trust.
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