Legal Question in Real Estate Law in California

Change a Trust Grant Deed

Is a grantor (and/or the his/her executor) required to notify the individual/entity to whom a Life Estate has been granted if/when the grant deed is modified removing the grantee? - Or revoking the grant deed itself?

Grant is an individual transfer and not a change in ownership under ss 63 of the rev/tax code.


Asked on 1/20/06, 11:06 pm

2 Answers from Attorneys
Richard Gee

Re: Change a Trust Grant Deed

Generally, if the grant deed creating the life estate has been delivered, it cannot be revoked or modified. The estate to which it pertains (i.e., the life estate) has been conveyed. The grantor no longer has a present, possessory interest in the property, only a reversion.

Without reviewing the facts in more detail, I can't give you much more than this. I would be happy to discuss this with you further, if you wish.

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Answered on 1/21/06, 2:16 am
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Change a Trust Grant Deed

I haven't seen the documents so I can't be 100% sure, but don't think you can extinguish that life estate... not without the grantees permission and signature.

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Answered on 1/21/06, 2:01 pm


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