Legal Question in Wills and Trusts in California

Trusts

If someone had a property named in a trust as being a part of the trust, but it was not registered that way with the County, is it in the Trust?


Asked on 2/12/08, 5:15 pm

3 Answers from Attorneys

Jeb Burton The Burton Law Firm

Re: Trusts

If it was not recorded, it was technically part of the trust. However, if it is listed on the schedule of assets in the trust (or in the trust in some other manner), you might be able to file a "heggstad" petition which might allow a probate judge to place the assets into the trust without a full and formal probate.

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Answered on 2/12/08, 5:26 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Trusts

No.

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Answered on 2/12/08, 5:34 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Trusts

you can convey property to a trust by deed or declaration. it doesn't have to be recorded.

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Answered on 2/12/08, 6:29 pm


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