Legal Question in Real Estate Law in California

name change on deed that is in a family trust

My house is in a family trust with my father(now deceased)as the trustee.How do I change to me being the trustee or owner of the property?


Asked on 9/24/04, 9:15 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: name change on deed that is in a family trust

If you are named as succesor trustee of the trust, it is a fairly simple matter. You really need to go through the entire process of administering the trust.

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Answered on 9/25/04, 2:35 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: name change on deed that is in a family trust

You may contact me and I can help you. You will likely need to go to court.

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Answered on 9/28/04, 11:09 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: name change on deed that is in a family trust

First, your question probably properly belongs under another LawGuru specialty category such as "Wills Trusts and Estates" rather than Real Estate. It has some real estate aspects, but if asked under a category specific to estate planning, you might get more -- and better -- answers.

That said, I'll give you my non-specialist view.

I think it's going to depend upon the terms of the trust itself. Trusts are usually established by written instruments, and those are usually lawyer-drafted. Any properly-written trust should contain a provision for successor trustees upon the death, incapacity or resignation of the initial trustee.

If there is no such provision, a court can appoint a successor.

So, your first step is to search the family records and also public records at the recorder's office to see if you can find the document(s) establishing the trust in the first place. Maybe there was a family lawyer who may have a copy.

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Answered on 9/25/04, 12:05 am


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