Legal Question in Wills and Trusts in California
My father-in-law created a trust in 2004. He named his ex-wife as the first trustee and my husband as second in line. My father-in-law died in 2007; two months later, his ex-wife (my husband's mother) signed a document saying she was giving up her role as trustee, and my husband took over. She died in 2009. He recently found a buyer for his father's house, but the title company is holding up escrow because they want his mother's death certificate, despite the fact that they have a copy of her statement forfeiting her position as trustee. It's clear that the title company hasn't ever read the copy of the trust they were given and don't seem to be familiar with trusts at all. Can they hold things up over a document they don't need?
3 Answers from Attorneys
Yes, in light of the fact. the title company, insures the legitimacy off a clear title to the buyer, a title the seller has agreed to deliver to the buyer, upon close of escrow.
They shouldn't, but there's no joy in arguing with with lenders or title companies when they're being irrational. Just order a copy of the death certificate.
They want the death certificate because there was no affidavit of death of trustee recorded, and record title appears to be in her name.
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