Legal Question in Wills and Trusts in California
Recording change to a trust for deed of trust under real property
The original living trust was issued without the name of the owner of the trust - this was an oversite. I, as a trustee have made a change to the trust adding her on- does this have to be re-recorded to County where property is owned. There is no change in the trust itself except the additonal trustee.
2 Answers from Attorneys
Re: Recording change to a trust for deed of trust under real property
There is no reason to record the trust document at all. A living trust should have a companion document called an abstract of trust or certificate of trust which should be recorded in the county in which the property is located. An amended Certificate of Trust should be recorded.
No one owns the trust. The trustee is the legal owner of the assets in the trust, but is subject to the terms of the trust agreement and the limitations and obligations imposed by that agreement.
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Re: Recording change to a trust for deed of trust under real property
you should retain an attorney regarding the changes to the trust and and related deeds or deeds of trust. your question indicates that you do not have a clear understanding of what you are attempting to do, whether you in fact have authority to do it, or how to properly make any changes.
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