Legal Question in Wills and Trusts in California

My aunt had a �Irrevocable Trust� in effect when she passed away naming my sister and I as co-executors and also left everything to us, each receiving 50%. We are in the process of changing the title on her house that she co-owns with her sister and brother, each owning 1/3%. My question is do I use a quit claim or grant deed when I file the title change with the County Recorder�s office?


Asked on 8/27/10, 10:34 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Normally, when a trust is created, the property is conveyed to a trustee. An executor is the title (executrix when it is a woman) given to a person who manages the estate under a will or a probate without a will.

The big question that I have is whether her interest in the real property was ever conveyed into the trust. If it wasn't, the trust was never funded. I also wonder if there was a will, because you use the term executor, in which case you may have a pour over will, that will have to be probated.

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Answered on 9/01/10, 11:55 am


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