Legal Question in Wills and Trusts in California

You need to get a copy of the vesting deed for the real property and see how title is held (if you can't find it, go to the county recorder's office or contact a title company with the address and APN- you can find that on a property tax bill). If in your mom's name as an individual, its disposition is controlled by the will. If in her name as trustee, then by the trust. (But, most people with living trusts have what is called a pour-over will, which leaves everything to the trust.) If the latter, or if the will is a pour-over, you need to find the trust document. Has the house been thoroughly searched, and have you checked to see if there are any safe-deposit boxes? If you know the lawyer who prepared the trust, s/he should have a copy.

I agree with Ms. Cusack. You are going to need to find out how title to the property was vested. That will tell you whether it was placed in trust, with ownership held by a trustee. You will also need to find the declaration of trust. If the trust was prepared by an attorney, the identity of the attorney may be revealed by the vesting deed.