Legal Question in Real Estate Law in California

From your question, it appears title was not transferred to the trust. This is a problem. Title will need to be transferred. Your father should see an effective estate planning attorney to correct title. If title was, in fact, in joint tenancy, an Affidavit of Death of Joint Tenant needs to be recorded to place your fathers name on the property. He then needs to transfer title to his share the trust.

You also need to carefully review title. If , for example, title reads A, B, C and D as joint tenants, title as to your mothers share may now be divided between all 3 survivors (and may not go just to your father). In such a case each party now owns 1/3. Check the deed carefully. If title reads, A and B as to an undivided 50% as joint tenants, and C and D as to an undivided 50% as joint tenants," presumably the transfer is between your parents only. A small difference in the form of title can make a big difference. Fix this now while your father is living.

This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter hiring me or my firm.

I do see a problem and I agree with Mr. Christian. It was smart of you to ask this question.

I see that a joint tenancy was created, and the survivors own the property. I do not see it being transferred into the trust, which would be required for it to be trust property and have the trust instrument control its distribution later on. Your father would have to transfer his share into the trust, to have the trust control his share after his death.