Legal Question in Wills and Trusts in California
What steps would sucsr trustee take to title real property in their name?
Scssr Trste of Irrv SNT Trst needs to record name on deed of real property now in name of removed trste (rl prpty prchsd by initl trste in name as trste of trust). Initial trste made error on deed, will not be rcrded by Cnty Rgstr and initial trustee won't trn over crrctd deed or respnd. What should sucssr trste do now?
2 Answers from Attorneys
Re: What steps would sucsr trustee take to title real property in their name?
a correction deed may be possible depending upon the error. a successor trustee normally takes title by a affidavit of successor trustee.
Re: What steps would sucsr trustee take to title real property in their name?
If you record the abstract of trust that shows the name of the successor trustee, that will work. If you don't have an abstract, if the trust is properly notarized,it can be recorded. Barring that you have to prepare a new deed and have the old trustee reexecute and have it properly notarized. If that is not possible, you need to file an action to obtain a court order, then judgment can be recorded.
You should contact a lawyer for assistance, if you need further assistance. As the successor trustee, the legal expenses are properly payable by the trust estate.
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