Legal Question in Wills and Trusts in California

Trusts/Wills/Executor

Ive aready asked you about an executor keeping what wasnt stated in a Will/Trust and the deseased has disowned his only child in it. That said I would like to know who is getting all the rest of his assets, the executor, who by the way also lives in one of the houses not stated? And when MY house is given to me from the trust will it be a quick claim deed,and why not the regular deed?? Thank you so much you are a great comfort to us all.


Asked on 3/22/08, 9:04 pm

2 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Trusts/Wills/Executor

the real property should be conveyed by a grant deed.

you might want to hire an attorney to go over the other issues.

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Answered on 3/24/08, 10:59 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Trusts/Wills/Executor

A quitclaim deed is a regular deed. It conveys whatever right title and interest in the property that is owned by the Grantor. If there is an executor this is a probate. You may be confused since you talk about a trust. If there is no probate, the person in charge of carrying out the terms of the trust is called the Successor Trustee. Under the law of California, you, as a party interested in the estate have the right to obtain a copy of the trust document. Make a formal demand of the Successor Trustee. If it is not forthcoming, have a lawyer intercede with the threat of legal action.

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Answered on 3/23/08, 1:19 am


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