Legal Question in Real Estate Law in California
Removing A Person fron the Property Title
My sister, my mother and I own a
house together and all three of our
names were on the title.
My mom changed the title so that
we are still on the title but it is now a
trust.
The trust is set up so that my sister
and I are in complete control of it. It
says we can do whatever we feel is
best.
Can we legally take her name off of
the title?
In the beginning the title was held in
joint tenency with the three of us.
After it was changed
The title still has our three names
listed but it also has my mother's
name again with the word Trust
after it.
My mom made it very clear in her
will and in the trust that her share
house was to go to us and that she
trusted us to do what was best.
We are not trying to take the house
from her she hasn't lived in it for
year we are only trying to make sure
a lien isn't put against it.
3 Answers from Attorneys
Re: Removing A Person fron the Property Title
The title now reads your 3 names and your mother's trust. This means the 3 of you and the trust are the current owners. If the title no longer says joint tenancy, putting in the trust on title, had the effect of turning the ownership into tenancy-in-common, meaning each of you and the trust now has a 1/4 undivided interest in the property. Now you need to take both your mother's name and the trust out of the title. If you are the Trustees of the trust, you can probably take out the trust yourselves but you may be subject to liability to your mother if your mother, as the beneficiary of the trust, is against this. However, you won't be able to take out your mother's name without her cooperation just because the trust names you as the trustee. In fact, the trust has nothing to do with her name still being on title. Is your mother not willing to cooperate? If you need help or advice on how to do this, please contact my office. Also there may be grounds, other than the trust, to take her name out.
Re: Removing A Person fron the Property Title
P.S. Because this is now a tenancy-in-common, if you mother passes away, her 1/4 interest will be subject to probate and will be disposed of to her heirs according to her will and probate laws.
Re: Removing A Person fron the Property Title
You misunderstand the change. It is late tonight, and I don't have time (it will take a lot) to write a complete answer. I'll supplement this in the morning.
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