Legal Question in Wills and Trusts in California
My father in law recently passed away. He and my mother in law are co trustees in a revocable trust. After my mother in law will pass away my husband and his sister are named as successor trustees and beneficiaries. At this point, that my mother in law is still alive, do we have to rewrite the trust saying that she is the only grantor. Does she have to sign a certification that she assumed a role of a successor trustee? Are there any steps we have to do in regards to the trust?
1 Answer from Attorneys
The successor trustees don't have to do anything now, assuming that your mother in law is competent to handle her own financial affairs. She should consult an attorney regarding administration of the trust. It does not need to be re-written, but she may need to sign Certifications of the trust to change trust accounts into her name as sole trustee, as well as signing and recording an Affidavit for each real property. And if part of the trust becomes irrevocable on the first death, there are other administration duties.
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