Legal Question in Wills and Trusts in California
My father passed away in September. He had a trust which only contained a home which was being left to me and my 2 sisters. He had a simple will in the trust that just indicated that the house and contents be divided between his 3 daughters. We each made copies of the will and trust. Based on the value of the home, there is no probate needed or estate taxes to be paid. We did not lodge the will with the court within the 30 days after my father's death. Nothing is being contested, etc. but wondered what penalties we will incur for not doing so and if we should still do that.
2 Answers from Attorneys
If someone sues you to compel you to lodge the will with the court, then you could be liable for that person's legal fees. Otherwise, there's little risk of this being an issue.
If the title to the home was in his name, a probate wil be required to transfer title. If it was in the name of the trust, perhaps only an affidavit of death of Trustee and a deed frothe trust to the beneficairies will be required. A copy of the will ust will not transfer title. Lodging the will with the court is not big problem, but will be required if a probate is needed to clear title.
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