Legal Question in Wills and Trusts in California
Hello, my parents home is in their trust. They are in escrow at the moment. They will be buying another home. How can they get their new home into their trust? What is the procedure and are their any specific forms they need? Thanks!
3 Answers from Attorneys
They should specify during escrow that title to the home is to be taken by them as trustees of their trust. There is no specific form. They should have an estate planning attorney assist them to make sure that it is done right.
If they are buying the new home with no financing, they can instruct the title insurance company in the Buyer's Instructions to title the property in their names as trustees of their trust. If, however, they are buying the home with financing, the lender usually won't allow them to take title initially as trustees. If this is the case, they need to have the title company, or their estate planning attorney, prepare a second deed conveying the home to the trust.
Agreed as to both answers of previous counsel.