Legal Question in Wills and Trusts in California

For real property it must be transferred into the trust by a deed from the settlor to the trustee as trustee before the settlor's death, OR there must be a pour over will that bequeaths the property to the trust upon death, which must then be probated and a deed in the probate makes the transfer complete. Otherwise the property passes in accordance with the will or if no will exists then by the law of intestate succession.

There are more ways for real property to be in a trust then mentioned by Mr. McCormick's answer to your question. There are approximately five ways:

1. Recording of a deed in the name of the trustee of the trust as trustee;

2. Attaching a schedule of assets to the trust document and the schedule is referred to in the trust document;

3. A writing signed by the trustor (your dad) stating that the real property is property of the trust;

4. Testimony that your father stated to (hopefully) more than one person that the real property was property of the trust; and,

5. As Mr. McCormick stated, conveyance by will.

Option two and three require a motion to the court to rule that the real property is property of the trust. This motion is often referred to as a Heggsted motion after the case that establishes a writing as sufficient to make real property, property of the trust.

Option 4 will require a court proceeding convincing the court it was your father's intent that the property be property of the trust.

If the Preliminary Notice of Change of Ownership contains an identification of the property and your father's signature as trustor/trustee then you probably have sufficient grounds to consult an attorney as to whether a Heggsted motion is appropriate.

Good Luck. I suggest you consult with an attorney regarding whatever writing you have regarding the property.