Legal Question in Wills and Trusts in California
living trust question
My mother's California house was in her living trust (and the deed reflected that. When she died I inherited her house. I was also the successor trustee. An atty prepared the deed transferring it to me.Now I am getting ready to have a new trust prepared for myself and a different Ca atty says that if no documents were recorded in Ca to document the transition from my mother as trustee to me as successor trustee that there is a ''gap in title''. Is this true? What does my being the successor trustee have to do with my inheriting her house or with the title chain.
Also: does my husband have to sign a quitclaim deed confirming that the inherited house from my mother is my separate property? (she died 5 years ago) before putting it in my trust.
Thank you very much.
4 Answers from Attorneys
Re: living trust question
A trustee is a position that one holds in the trust to gather the assets together and administer those assets during the life of the grantor, your mother. When she died that position has to be filled and it was filled by you. Merely filling the position does not do anything to the assets itself, the house. The house has to be transferred so you as a trustee of the trust, in the name of the trust, must prepare indeed be transferred to you individually. You can almost get the individually and transferred to your self as trustee of your own trust. A trust is nothing more than a glass and must be filled with assets to complete the glass. You filled the trust by taking real property and placing them in the name of the trustee of the trust. Now I have been teaching law for over 30 years as well as practicing law. This is the most basic of basics. Do not be surprised if it goes over year had little bit but I tried to bring it down to the lowest common denominator language to hopefully be understood. Once you take the new deed and recorded in the county in which the property is located, wala, either you personally if it is to go to you, or your trust owns the property and there is no "gap in title". I am curious, you have an attorney and you pay your attorney for advice but you don't trust your attorney, why???? I will be happy to explain anything to you if you wish to consult with me. I'm located in the San Francisco Bay Area at 925 -- 945 -- 6000.
Re: living trust question
A successor trustee can file an affidavit of death made by successor trustee and clear the gap. If you need any help, please call me at 818-340-4479 and reference this reply.
Mina Sirkin
Re: living trust question
If your mother died and you are succesor trustee, you take over as trustee and have power over the assets. If you can obtain a death certificate, this should be a very simple gap to fill. If you don't feel your attorney is getting the job done, consider finding another one, preferrably in the area where the asset is located.
Re: living trust question
Just to add to the previous responses, When you inherit property it is your separate property. Your husband does not have an interest in property left to you by your mother, unless you have signed an agreement with him changing all of your porperty to community property. So, he does not have to sign a quitclaim deed since he has no ownership rights to the property.
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