Legal Question in Wills and Trusts in California

Re: What form do i need

Please bring the copy of the trust to an attorney for a consultation with a clear determination of both of your goals as to the property. Contact me directly.

Re: What form do i need

You probably need to both see an attorney for an initial visit to find out what needs to be done, when, how, where. You then may need separate attorneys if there is a conflict between the two of you. Bring to the attorney copies of all trust documents, original and current title to the property, a rough list of what else your mother left behind and to whom and how much worth, any Will she may have also made, etc.

Re: What form do i need

If the house is in trust, the successor trustee must carry out your mom's directions according to the trust terms. The Trust will identify the successor trustee. There also should have been an abstract of trust recorded in the county records that contains that information. The successor trustee can transfer the house by executing a Trustee's deed. If the correct documents exist and are notarized so that they can be recorded, no court action is required. Otherwise, in order to convey marketable title you will have do obtain a determination by the court as to who is the proper successor trustee through a declaratory relief action.