Legal Question in Wills and Trusts in California
House not conveyed into trust, will it go to probate?
A neighbor of our family recently passed, leaving a living trust and a spill-over will. He made my father trustee as well as the sole inheritor of his assests, my father also had power of attorney when the neighbor fell ill. The title of the house was not put into the trust, the document lists ''all my assets'' to go into the trust. The will also gives eveything to my father, but does not enumerate specific items. Would the house be considered to be my father's, or does it need to go into probate?
3 Answers from Attorneys
Re: House not conveyed into trust, will it go to probate?
There is a procedure in California which allows the house to be put back into the trust. Are there any schedules attached to the trust? If you need any help to file the petition regarding this matter, please feel free to contact me.
Re: House not conveyed into trust, will it go to probate?
probate wil not be necessary but you must petition the court to put into the trust the house and any other assests which should have gone inot the trust --- no big deal i've done it before for those who didn't use me to prepare the original documents and fund the trust -- i am in no. ca. and if you wish to consult with me call me at 985-945-6000
Re: House not conveyed into trust, will it go to probate?
Thank you for your inquiry, and I'm sorry to hear about your neighbor.
As I'm sure you will be told repeatedly, the house should have been put in the name of the trust. A title company would transfer the property to your father if it was in the name of the trust and recorded that way, but you will need a court order from a probate court to transfer property now. As mentioned by another attorney, this is not terribly difficult, but most be done to put the property in your father's name, or transfer it into the trust to be distributed.
I hope this helps, but if you need more information, want further questions answered, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.
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