Legal Question in Wills and Trusts in California

My parents co-signed for the loan on my home. I have paid everything, for almost 17 years, mortgage, taxes, insurance, upkeep and repairs. 50% is now in a Trust and they have both passed without completeing a directive to give me sole ownership of their 50% interest (Mom signed 2 property directives but never wrote the discription on them, only told us verbally what she wanted). It was Joint Tenant when purchased, but my mother did a trust transfer after my Dad passed of her 50% which I discovered severed the Joint Tenancy. All other heirs want me to have my home but we do not know how to legally transfer their shares to me due to their 25% intitlement according to the terms of the Trust. Any suggestions would be appreciated as I am unable to hire an attorney at this point in time.

Additional information

The Trust is not settled as yet, so my siblings names and share of the property are not recorded on a deed. Is it possible for the Trustee to quit claim the entire 50% held in the Trust to me or will the Trustee need to obtain some sort of release of the property from the other heirs in writting before a transfer can take place. I don't understand how my siblings can quit claim the property to me if their names are not on the property deed presently. The deed is in my name and my mothers as trustee of the family trust, I believe as tennats in common, but we are in the process of transfering to the Successor Trustee as is required by filing the affidavit of death of trustee.


Asked on 1/30/11, 1:07 pm

1 Answer from Attorneys
Frankie Woo Fiducia Legal

All the siblings need to sign an assignment of the trust interest to you. Then the trustee can execute a grant deed transfering that whole 50% owned by the trust to you.

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Answered on 2/18/11, 9:48 am


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