Legal Question in Real Estate Law in California
trustee of estate
My father passed away and owned a piece of property. The property was not transferred in to the trust. As the trustee/exceutor/grantor of the estate I transferred the title in my name. Is there a prblem with that
2 Answers from Attorneys
Re: trustee of estate
Probably. If the piece of property was not in your father's trust, but owned by him in his individual capacity (and you were not a joint tenant), the property is part of his probate estate and the formalities for disposition of property of an estate must be observed. Was there a will? I suggest you see an attorney in the county where the property is situated who specializes in probate. Your attempted transfer to your own name is likely invalid (there could be exceptions; I'm not a probate specialist) and if there are other heirs or lien claimants you could be accused of fraud, even though it appears to be an inadvertent mistake.
Re: trustee of estate
No. In fact you would likely be committing forgery to do so. If the estate (assets not held in the trust's name) including the property is worth more than $ 100K, then it must go through probate. Contact me directly for assistance.
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