Legal Question in Wills and Trusts in California
My father's Trust Deed has not been filed in the Southern California county where he lived, but it was signed and notarized. He died suddenly a month ago, and now I am following up with his creditors & handling some of his affairs. Is it too late for me to file the Trust Deed with the County?
3 Answers from Attorneys
Your use of terminology is not correct. A trust deed is a form of lien given to secure a loan with real property. Without knowing what sort of document you are actually talking about and who the grantor and grantee are, there is no way to answer your question without risk of giving erroneous advice.
If it is a deed transferring his real property to a living trust, you can record it now. But I agree with Mr. McCormick- you should have an attorney review it (and all estate planning documents) first to be sure.
I would talk to an attorney, first. As Mr. McCormick points out, it is not clear what you mean by the term. A deed of trust is an instrument that conveys title to a trustee to secure a loan or an underlying obligation. In California, many people call them mortgages, but they are not the same as a mortgage.
A deed into a trust, is an instrument that conveys property into trust. If that is what you are referring to, then it should be recorded with the County Recorder for the County where the real property is located.
A trustee's deed upon sale is the instrument that the foreclosing trustee uses to sell property after the lender has requested foreclosure. If your father bought property at a foreclosure sale, then you would also want to record it.