Legal Question in Wills and Trusts in California

You need to file an affidavit of death of joint tenant to get your husband's name of title whether you are setting up a living trust or not. And yes, it must be done before you can transfer title to your name as trustee.

I agree with Mr. Cusack, but would put it a little differently. You do not have to record the Affidavit of Death before you MAKE the trust, but you must do so before you transfer the property INTO the trust. When a joint tenant dies the affidavit must be filed before any kind of transfer of title, whether into a trust, encumbering it with a loan, or anything else.