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?


Asked on 4/09/13, 3:08 pm

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.

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Answered on 4/09/13, 3:26 pm
Anthony Roach Law Office of Anthony A. Roach

That doesn't make any sense. Is it in joint tenancy or is it in your parents' trust?

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Answered on 4/09/13, 3:57 pm
Kelvin Green The Law Office of Kelvin Green

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.

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Answered on 4/09/13, 9:06 pm


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