Legal Question in Wills and Trusts in California

If you are also the Trustee, you file Affidavits of Successor Trustee, Change of Ownership Reports and Claims for Exemption from Reassessment for each property (with the county recorder/assessor's office), then deed each property out of the trust to yourself individually (or to your own trust, if you have one. If you don't have one, you should considering setting one up now that you own real property.

If the property was in the trust, the trustee conveys the property to you pursuant to the terms of the trust. If the property was not held by the trust, you have a problem.

It really will depend on how title to the homes is held. If title is in the name of the Trust and you are the successor trustee you need to file a Affadavit of Successor Trustee (for each property) and then deed the property from the Trust to yourself. You also, as Michele notes, need to file the appropriate change of ownership and claim of exemption forms. If the properties are not held in the name of the Trust, a little more work will be needed to get them into the Trust and you should probably get a lawyer to help you. If you would like some help, please fee free to give me a call.

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