Legal Question in Wills and Trusts in California

Re: real estate

Of course this depends on how the trust is worded, but generally the house remains in the name of the trust until final distribution. You should not change title to the house in your name solely for the reason that you are trustee, unless for some odd reason the trust specifically states this.

I would seriously consider hiring an attorney to assist you with administering the trust. Generally the attorney that drafted the trust can assist you with this.

Re: real estate

Assuming the house is in the name of the trust, you must record an abstract of trust or the trust agreement and execute a deed from the trust to yourself as the Trustee of the Trust. If the house is in you parents' name, you must probate the estate, meaning opening a probate proceeding in the county in which the real estate is located.

For yourself and your loved ones, you should probably use a living trust and other death and disability planning documents. Whether you can do this on your own or need attorney assistance has to do primarily with the nature and extent of your assets. Most people with a net worth of less than one million dollars ($1MM) can. My book, "Create Your Legacy & Save the American Middle Class. How You Can Protect Your Family and Loved Ones in the Event of Death or Disability (Without Paying Legal Fees) and Win their Gratitude and Admiration" explains all you need to know in simple, plain English. You can go to www.yourlivinglegacy.info for more information on this and obtain a download of the book. If you do decide its best to handle all of this without a lawyer, I offer on lin my Legacy Trust Package which includes a complete planning package, in simple English and valid in every State. The book is $19.95. The do it yourself trust package if you choose to use it is only $79.95.