California  |  Real Estate Law

Legal Question

Asked on: 6/19/13, 3:01 pm

Setup: A & B are deeded joint tenants each with 50% interest in a property, then A quit claims their interest into a Trust with a Will that conditionally excludes B as a beneficiary if B does not quit claim his interest to the trust before A's death. B did not meet that condition, and is therefore not a beneficiary.

Question: The Trustee claims this automatically sends the estate to probate court. But B is not part of the Trust and is not contesting, is the Trustee correct?

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