Legal Question in Wills and Trusts in California
I was part of a trust set up by my mother, and upon her death in 1989 was overseen by my uncle as trustee. In 2003, at age 28 my part of the trust was distributed to me. Part of the trust was a piece of commercial property, of which I own 1/8. As it turns out, my share of the property was never deeded into my name, and now that i'm in the process of selling my portion of the property, i can't do so until my name is on the title. My uncle passed away a few years ago, and wells fargo, who for some reason was named as successor trustee, has declined to act. I now need to petition the court to appoint myself successor trustee and then deed the property to myself. Can I do this on my own, or do I need an attorney?
2 Answers from Attorneys
There are many procedural requirements that are specific to a Probate Petition that you are talking about. In addition, because you are attempting to transfer an interest in real property there are also very specific rules that need to be followed. I think you will be much more successful working with a skilled attorney.
Mr. Feldman provides very sound advice.
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