Legal Question in Real Estate Law in California

My younger brother with no children lost his wife on December 29th 2010. He has only one home they have been living in Santee CA and no other homes or other movable properties. He has a living trust and a will executed by both. Chances are he may sell it in a few months and buy a townhouse. The will by his wife gives the possession of the house to him in the event of her demise. Now that, it has happened, he wants to transfer the deed to the house held in living trust to him. I did some research and it looks like that a notarized California Quit Claim form executed by him as the trustee holding the title to the property will do the job. There are no encumbrances on the property or no outstanding mortgage. I would appreciate your friendly advice on this, thanks.


Asked on 12/22/11, 1:48 pm

1 Answer from Attorneys

If it is in the trust, her will is irrelevant. If it is not, then it gets a lot more complicated. He needs to talk to a probate attorney in his area. These kinds of questions are too much dependent on the details and the documents to get a good answer over the internet.

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Answered on 12/23/11, 11:17 pm


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