Legal Question in Wills and Trusts in California
The responder to my question suggested I edit my question with a clarification which i make as follows:
My mother is living in California and has set up a revocable living trust in which she names me as the successor trustee. The trust states that upon her death that any real property be liquidated unless the surviving children jointly and unanimously direct otherwise. It also states that the trusts assets be distributed equally to her four children. Here is my question: The warranty deed for a condo in Utah County, Utah states the following on the deed:
hereby convey(s) and warrant(s) to
(my mother's name here), and (my brother's name here), Trustees or their successor in trust, under The (my mother's name here) Revocable Living Trust...
Since i am named as the successor trustee in my mother's revocable trust --not my brother, what is the ownership status of the condo when my mother passes away? In other words, I find the deed confusing because my brother is not named as a trustee in my mother's revocable trust.
1 Answer from Attorneys
Your brother is named as a trustee if your mother can not thus serve. The deed gives him no ownership rights. It is confusing who would act as trustee for the property upon your mother's death, Usually the law of the state in which the property is located is favored, but here it is not a question of a dilfference in state laws. Ask your mother to clear up the confusion by either changing the trust or filing an amendment to the deed in Utah.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
