Legal Question in Wills and Trusts in California
When someone has a living trust drafted up by an attorney, and there is real property involved are the starter deeds part of that person's file?
1 Answer from Attorneys
I am not sure what you mean by "Starter" Deeds. If someone creates a living trust, then the trust should be properly funded will all of the assets that belong in the trust: real estate, bank accounts, etc.... Sometimes the attorney helps to change title to the assets and accounts, other times the clients do this on their own. If the real property is intended to pass through the trust, then a deed should have been or should be recorded transferring title. If the trust clearly intended the property to be in the trust then it is possible to move property into a trust after the settlor has died. Otherwise you are stuck having to open a probate (assuming the property wasn't in Joint Tenancy). You should meet with an attorney to discuss the specifics of your question in greater detail.