Legal Question in Wills and Trusts in California

California. A house was left out of a living trust. The owner of the trust passed. Her beneficiary is her only child.

The house needs serious repair, unaffordable for the son without a loan. How can he now be named owner in order to secure a loan on the house?


Asked on 11/11/16, 11:39 am

2 Answers from Attorneys
Michele Cusack Pollak & Cusack

He needs to consult an attorney who can review all the documentation. It may be possible to petition the court to declare that the property is a trust asset (Heggstad petition.) If not, the son will have to file a Petition for Probate (more costly and take longer.)

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Answered on 11/11/16, 12:10 pm
Gerald Dorfman Dorfman Law Office

The way title was held by the mother is important as well. If it is joint tenancy, it passes without probate.

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Answered on 11/11/16, 12:17 pm


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