Legal Question in Real Estate Law in California

Re: Transfering Title After Death

One key element you don't mention is whether the house in question is property of the trust of which you are trustee. The rest of the answer assumes this is so.

The first step would be to assemble and read all the trust documents. You probably have them, if you are the trustee, but I would think the trust attorney that prepared them should at least be willing to confirm that you have a complete and current set of what he prepared, without charging you for that.

If it is clear upon re-reading the entire trust that the house was conveyed to the trust (and is still in the trust) and you have the right to deal with the trust property, and that your mother is unconditionally the one to receive the house, I think you have three possibilities:

(1) Get a cheaper attorney - ask about hourly rates as well as flat fees.

(2) Buy a self-help law book on how to handle post-mortem administration of a living trust. One that comes to mind is Nolo Press "The Executor's Guide." About $35 in paperback or $27 as an e-book.

(3) Have a title company draw up documents to transfer the house from the trust to your mom.

These are not mutually exclusive; for example, you might want to buy the book AND get a title company to do the paperwork.

Keep in mind that being a trustee requires great prudence and honesty, and personal liability can result from careless or unscrupulous handling of the trust.

Re: Transfering Title After Death

Such title tranfer pursuant to the trust instructions is a fairly straightforward procedure, as the previous attorney pointed out in his post to you. However, if you would like to ENSURE that this is done properly, an attorney is your BEST option. For prompt, VERY affordable legal assistance in this matter, contact us directly for a free phone consultation.