Legal Question in Wills and Trusts in California

Your question is confusing. If you do a quit claim it means that you are giving up your claim to title to the real property to the person you are quit claiming to. If it is the deceased who is giving up his/her claim, how can dead person give up any rights or sign any documents? Only the representative of their estate could do so. If the property is in a Trust, only the trustee can dispose of the property if that is consistent with the Trust instructions. Why would they give up a claim to the property without getting some compensation for doing so?

If you are the trustee of the trust, and if title to the property has been properly transferred into the name of the trust, and if the trust leaves the property to the person to whom you plan on transferring the property, then you would be legally entitled to transfer the property; provided, however, the decedent did not leave any creditors. If you transfer title to the property to the beneficiary who is intended to receive it under the terms of the trust, and there are creditors who hold outstanding claims, the creditors will be able to look to the beneficiary(ies) to receive payment on their claims. You would also probably want to sign a grant deed, as opposed to a quitclaim deed, and you would want to make sure you have the beneficiary complete and record a Preliminary Change of Ownership Statement with the County Recorder.

You should probably make an appointment with a probate attorney in your area to have your documents reviewed before you sign anything. The cost of doing so would be relatively small compared to what you, and perhaps the beneficiary, may have to pay in the future if you do not make the transfer properly.

I agree with the comments made by Mr. Shers and Mr. Hoffman. Only the trustee of the trust can transfer property, if the property was properly titled into the trust.

You should consult an attorney in your area to discuss how property transfers are completed. The small cost now will possibly save a lot of money later.

Feel free to contact me at 925-362-1725 to discuss. I provide a free 30 minute telephone consultation.