Legal Question in Real Estate Law in California

Re: Transfer of property, parent to child

The property was and is owned by the trust. When your father died, he ceased to be the trustee of the trust and someone else became the successor trustee, with the same powers to buy and sell.

That trustee can now transfer the property to anyone, and can do so directly.

All of the foregoing is subject to limitations and exceptions. First, I assume the trust was a simple commonplace living trust. Second, when I say trustee, I mean "trustee or trustees" as perhaps you are co-trustees and usually under the terms of a trust the trustees must, or should, act in concert on major matters.

Finally, I assume the trust contains no further directions or limitations on the trustee(s)' right to dispose of the property. Most trusts don't, but some do.

Anyway, I don't see the intermediate step as necessary.

I would suggest using a lawyer if there is anything the slightest bit complex or confusing about the trust.....Joe Tinney in Petaluma is an expert on wills, trusts and estates.....or find the lawyer who prepared it in the first place.

If all the documents are "plain vanilla," you might want to have a title insurance and escrow firm do the documentation for you and issue new title insurance at the same time

If title is to be divided between the two of you, or your trusts, you need to agree upon how the property will be managed as income property, or which of you will occupy it, and how title will be held. A written agreement covering management, possession, rents, expenses, when and how to sell, etc. is recommended.

Re: Transfer of property, parent to child

If the property is in a trust, then the property cannot be conveyed unless the conveyance complies with the terms of the trust.

Very truly yours,