Legal Question in Wills and Trusts in California
My sister and I are the sole and equal beneficiaries in our parents living trust. Our parents past away several years ago. The family home is recorded under a quitclaim deed. My sister wants to transfer her half of the home ownership to me.
Please tell me the procedure and appropriate documents required for the transfer in California.
2 Answers from Attorneys
You get 10 points for correctly calling it a quit claim deed and not a "quick" claim deed. You lose all 10 points, however, for failing to tell us whether the title to the property was given to a trustee of the trust, your parents, you and your sister, or just your sister.
If the title to the property is in the Trust than the trustee(s) can transfer title in accordance with the terms of the Trust. If the title to the property is not in the Trust you will probably need a quick Court proceeding to address that issue. Any qualified probate litigation attorney should be able to help you and it should not cost very much money.
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