Legal Question in Wills and Trusts in California
Can the successor trustee of a california living trust sign over real property to a beneficiary by signing and filing a new deed (in beneficiary's name) as if they (successor trustee) were the descendant/grantor and giving the property to their child/grantee? The descendant was a widowed woman who's successor trustee is one of her two children who are to share equally in the estate. Can this be done by a quit claim? And yes, the real property was made a part of the trust.
1 Answer from Attorneys
The trustee has both the responsibility and the power to distribute the property to the beneficiary(ies.) The Trustee doesn't sign the Grantor's name, but first signs and records an Affidavit of Successor Trustee (with death certificate), transferring the property into the Trustee's name, then a Deed transferring to the beneficiary(ies.) Don't forget to also file the Claim for Exclusion from Reassessment.
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.
