Legal Question in Wills and Trusts in California
hi, if the trustor or settlor puts his real property in his revokable living trust and then decides to gift it to one of his kids is the trust still valid or does the gift revoke the trust?
if the trustor dies and his real property did not fund the trust can the property be put back into trust with an affidavitt or will or either?
can you have the statutes of limitations tolled because of non disclosure? and.......................
if the trustor revoked the co-trustees of his trust before he died do the co-trustees have any say at all with the administration? thank you, jon
2 Answers from Attorneys
You are a little fuzzy on the details, and an attorney would need specific information to give you a definite answer.
Generally, real property is placed into trust by the trustor, with a deed to the trustee. While the trustor is alive, generally the trustor is usually the trustee. If the trustee/ trustor deeded property to one of his children, that property is no longer in the trust. The issue then becomes whether the deed was "delivered" meaning the transfer was to take effect immediately. If the deed was meant to pass title later, after his death, it is not valid.
If the deed was meant to pass title then, and was duly delivered, the person receiving the deed has title now, and it cannot pass back to the trustor or the trustor's estate unless that recipient deeds it back.
And, no, the removal of a trust asset (such as real property, in your question), does not invalidate or otherwise revoke the trust. To do so, the settlor/trustee must clearly indicate in writing the revocation of the trust.
You would be wise to consult with an estate planning attorney to receive a more complete response.
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