Legal Question in Real Estate Law in California
My father passed away on 2/15/11. He transferred his 12 acres of undeveloped property into his revocable living trust that he had created back in 2010. The property is located in El Dorado County, CA. I am the executor and sole beneficiary of his trust. My questions is how would i go about changing the property in to my name? I was told in order to take the property out of the trust i had to fill out a transfer of deed form or something like that, have it notarized, and then recorded with the county. Any truth to that? Thanks in advance.
Jason
Sacramento, CA
1 Answer from Attorneys
There's some truth to that, but it's not quite that simple. The first step is to record an affidavit of death of trustee, notarized, in El Dorado County. When you say you are "executor" I hope you mean successor trustee. If not, then you must have the successor trustee record the affidavit. The recording of the affidavit will change record title from [Dad] trustee of the [Name of Dad's Trust], to [Name of Successor Trustee] trustee of the [Name of Dad's Trust]. Next you have to look at the trust itself and see what it says about distributing the assets. Some trusts are set up to become irrevocable survivors trusts once the settlor dies, others are set up to be distributed and dissolved when the settlor dies. So what you do with the property and how you do it depends on the terms of the trust. Without that information there is no way to advise you further.