Legal Question in Wills and Trusts in California
I co-own a property w/ one other person & my husband (3 people on the deed). My husband passed away over 35 years ago. I have since had a falling out w/ the other party. What steps do I need to take to put this property in my Living Trust, and is there a way to accomplish this without involving the other party?
2 Answers from Attorneys
You should have an attorney review the deed. If you're joint tenants or hold the property as community property, you might just transfer the property to your trust, as you have succeeded to your husband's interest or became the owner of your husband's share upon his death. If you were tenants in common, it's a little more complicated. When it comes to real property of significant value, it's foolish to mess around and not seek professional advice and assistance.
I agree with Mr. Cohen, you should consult an attorney and show the attorney all of the documents pertaining to the real property. The attorney who prepared the trust would be my first thought to start.
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