Legal Question in Wills and Trusts in California
I am a joint tenant with my parents . They quick claimed the house into their living trust. My father recently died. I would like the house in my name only. Can my mom quick claim the house back to me and out of the trust?
3 Answers from Attorneys
That depends on the terms of the trust. It is almost certain, however, to have adverse tax consequences, even if it is permitted under the trust, unless it is done under the guidance of a tax-savy estate and elder finance planning attorney.
That doesn't make any sense. Is it in joint tenancy or is it in your parents' trust?
If you were joint tenants, they could only transfer their share to the trust whic most likely makes trust and you tenants in common. If that really happened.
The only way your mom can remove the house from the trust to you is if she is the trustee that has the authority.