Legal Question in Wills and Trusts in California

Living Trust

My brother has never married, has no children, and wants to name me his executor/Beneficiary. he owns a home free and clear worth around $500,000. he doesn't want my wife to get anything from his estate upon his death. Will the home transfer to my name only, as the trustee, and can I sell the home once I become the legal trustee? Can I also dissolve the Living Trust at that point? Will I pay any form of taxes if I sell the house?Can I cover all this points, doing a Living Trust through an Internet service such as LegalZoom? If My wife and I create a Living Will, and my brother dies, can I transfer his house into our Living Trust under only my name (the house I inherit)? or should I keep it as separate property?


Asked on 3/05/07, 2:02 pm

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Living Trust

Anything you inherit in California is your separate property, whether or not you are the trustee. The trust can be done without an attorney, but at least for you and your wife's trust, I'd recommend an experienced attorney to ensure the trust keeps your (and her) separate property separate.

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Answered on 3/05/07, 2:15 pm
Michael Kelly The Law Offices of Michael S. Kelly

Re: Living Trust

You brother can structure his estate to leave his house to you as your separate property. I would contact an experienced probate attorney before trying to set up your own estate plan through an internet form service.

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Answered on 3/05/07, 2:17 pm


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