Legal Question in Real Estate Law in California

Re: Grant Deeds

I think the answer is that the commercial property is not part of the trust; it is part of the parents' probate estate and it cannot be put into the trust now, unless, of course, the heirs wish to do this as a part of probate, but you're stuck for now with a probate proceeding, maybe two (one for each parent). This is therefore a question for a wills, trusts and probate specialist, and I recommend that you hire someone who is local to where your parents resided at the time(s) of their deaths to investigate and handle this.

Re: Grant Deeds

At this point, it may be benficial to end the trust and distribute the property into the names of the benficiaries. This is generally the procedure when the last Settlor of a trust passes away.

If they did not change the name, the process of changing it would be more difficult than distributing under the terms of the trust.

You may have different tax implications and obligatins depending on how this is dealt with.

My best suggestion would be for you to contact our office and speak to our senior partner regarding this issue, his name is Charles Schofield.

You can learn morea bout our firm on our corporate site No-Probate.com. We are specialists in this area of law and I believe we can offer you the assistance (as much or as little as needed) you need.

We can be reached through our firm's site or through the contact info listed here on LawGuru.

Yours Truly,

Scott

Re: Grant Deeds

I agree with both of my colleagues. Retain a wills and trusts (i.e. probate) attorney.