Legal Question in Real Estate Law in California

Need to change name on title to real property(home)

I am the beneficiary of an Irrevocable Trust. The trust with the initial trustee, purchased the house. The initial trustee has been replaced and now we must change the name on the deed to read as So & So, Successor Trustee to the XX Irrevocable Trust dtd, etc. My Trustee and I can not find out how to do this and the removed trustee will not even give up the document. What can we do about this? We are frantic and broke as well.


Asked on 9/13/06, 11:10 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Need to change name on title to real property(home)

Here's what section 18105 of the Probate Code states:

Change of trustee affecting title or interest in real property; execution and recordation of affidavit of change of trustee; fees; contents

If title to an interest in real property is affected by a change of trustee, the successor trustee may execute and record in the county in which the property is located an affidavit of change of trustee. The county recorder shall impose any fee prescribed by law for recording that document in an amount sufficient to cover all costs incurred by the county in recording the document. The affidavit shall include the legal description of the real property, the name of the former trustee or trustees and the name of the successor trustee or trustees. The affidavit may also, but is not required to, include excerpts from the original trust documents, any amendments thereto, and any other documents evidencing or pertaining to the succession of the successor trustee or trustees.

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Answered on 9/13/06, 11:18 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Need to change name on title to real property(home)

Mr. Cohen has answered your question, but I might add for what it's worth, that a trustee is a fiduciary for the beneficiary and owes a high degree of honesty, openness and good faith in all dealings with or on behalf of the beneficiary. Punitive damages and attorney fees are sometimes awarded for breaches of these duties. The implication is that if you should need the services of an attorney to pursue an unfaithful trustee in court, you may be able to persuade an attorney or firm to take the case for a contingent fee or some other favorable basis.

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Answered on 9/14/06, 2:37 am


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