Legal Question in Wills and Trusts in California
My brother and I are named as trustees in a family trust along with our mom who was the setlor who died in 2008. We filed an affidavit of death. my moms house and property is the only thing in the trust and my brother has lived there over twenty years. I wanted to give my brother my half of that property so we did up a quitclaim deed. My brother just wants to keep the property in the family trust and just remove my name. What forms do I use to remove myself from the trust.
1 Answer from Attorneys
That really depends on the terms of the family trust as they relate to successor trustees. If the trust allows it, and affidavit of Successor Trustee and/or a deed could be used. If the trust became distributable, however, title should be transferred, not left in the trust.
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