Legal Question in Real Estate Law in California

Re: Living Trust and siblings

Kt is very hard to identify the number and relationship of the parties here. I can identify perhaps the following:

(1) A Mother; (2) You, the writer; (3) a child, presumably a child of #1; (4) and (5), two siblings named in #1's (?) living trust, apparently as co-trustees; (6) someone who makes the other part of "we" in the last line, probably along with #2; and (7) the person referred to as "our sibling."

So, the lawyer trying to give you an answer is left to wonder whether there are seven people involved here, maybe more, or possibly as few as three. If there are fewer than seven separate people, which are the same?

Also, what is meant by "hand over?" Do you mean "transfer ownership now, by gift deed?"

The whole situation seems a little messy. Two successor trustees on a living trust may not be a good idea. Making a gift before death is often not a good idea, partly because it usually has very adverse income tax consequences and partly because it is irrevocable and jeopardizes the donor's right of occupancy. Also, if the house is mortgaged, the lender probably needs to approve the transfer in order not to trigger a possible default ("due on sale") provision.

I think mother needs to see an estate planning lawyer, by herself, taking copies of her current trust papers with her, and get personal and professional advice without any family around to make sidebar comments that may be more self-serving than sound.