Legal Question in Real Estate Law in California

Re: What form to use for deed property from a trust after death of trustee

I am very sorry to hear of your mother's passing.

In regards to your question, Attorney Whipple is correct. The trust is the owner and the Trustee should handle the assets. Hoever, if you are the Trustee, the answer will (eventually) be a "yes" a new deed will have to be filed at some point in time.

We are estate planning attorneys, please take a moment to review the information we provide regarding Probate and trusts on our firm's site at www.No-Probate.com.

If you would like assistance with the transfer of property, or any clarification, etc., of the trust documents, please feel free to contact me either through the site or directly at 626-578-0708.

Yours Truly,

Scott Linden

Re: What form to use for deed property from a trust after death of trustee

First, this is a qualified answer: I haven't read any documents, don't know whether your mother's estate was exempt from probate, nor who is the executor (if any) or successor trustee.

In the usual scenario, death of the trustee does not terminate the trust. If the vacation home was trust property before your mother's death, it remains trust property when she dies. As trust property, only the trustee(s) can deal with the vacation home. The trust documents, if properly drawn, will specify who become(s) the successor trustee(s) upon your mother's death.

Assuming you are now the sole trustee, you can (and indeed must) deal with the trust assets in strict accordance with the terms of the trust. If the trust specifies that you are to receive the vacation house, then the trustee (you?) can deed the house from the trust to you personally.

Sending in a change of ownership report may have been premature; although it MIGHT be proper to file such a document when there is a change of trustee due to death, there really hasn't been a change of ownership yet -- the trust was and is the owner. Also, "death of real property owner" is also technically not correct -- the trust is the owner, and presumably continues to exist.

Without actually reviewing the documents, I think you have at least in part started down the wrong path. Steps you might now take include:

(1) Retain a local attorney who practices in the wills, trusts and estates field -- it's more in that specialty than real estate. There are lots of them, and the advice you need should be quick and cheap.

(2) Since knowledge of the terms of this particular trust would be needed to advise you correctly, consider using the attorney who drew it up in the first place.

(3) Inquire whether other legal requirements to wind up your mother's estate have been complied with, including probate of any matters not exempt due to a trust, distributions to other heirs, etc.

(4) Select a title insurance company that you want to provide you with title insurance for the vacation house once it's in your name, then get advice (which should be free) from their lawyer or title officer.