Legal Question in Wills and Trusts in California

If the new home was never deeded to the trust, then you will have to open a probate.

You don't need to amend the trust because you have a new home, but you should check to make sure you hold title as Trustees. If so, you must file an Affidavit of Successor Trustee with your county's Recorder's Office. If not, an Affidavit of Death of Joint Tenant (probably) and then a Deed transferring to you as sole Trustee. Additional administration of the trust may be necessary. Following the death of your husband, you may be able to amend your trust in full or only in part, depending on how it is written.

I would strongly urge you to meet with an attorney who can review the actual documents. If the new house that you purchased was held in joint tenancy, then title is now in your name only. You may be able to add this asset to your existing trust, but there may be certain complications to consider if your existing trust was what we call an A-B trust that was to be divided into 2 trusts upon your husband's death. To get a complete answer and proper advice in this situation really does require having a lawyer go through the documents with you. If I can be of further assistance, please do not hesitate to contact me.

Depending on exactly what was done when the original trust was drafted, you can probably avoid probate very easily. You should consult with an attorney ASAP.

Jon Reich

310.478.2541

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