Legal Question in Wills and Trusts in California
My father has a Revocable Trust/Will, he had hand written or crossed off things within the trust, (e: removed off my brothers name as beneficiary) and initialed/dated it on original Trust, doesn't he have to do a codicil or an amendment, for the changes to be legally binding.
My mother now deceased is also on the Family Trust, does my father need to remove her name?
One last question, because his house (California) is in the trust
and the title is still under his and my mothers name do we need to do anything now
to avoid any pitfalls now should he pass.
I ask because Dad also has a timeshare out of state that is in the trust as well, under my mothers and his name, it has been a nightmare because
he never updated the county records in Arizona, we have sent them the death certificate, and are now about to re-file the Quit Claim Deed, but it has been long
process and still finalized.
We want to avoid an pitfalls now regarding the house if there are things we can do now before they arise with the transfer to his beneficiaries should he pass.
1 Answer from Attorneys
The handwritten changes may not be enforceable if the original trust was notarized and the changes are not notarized. Also, a part of the trust may have become irrevocable upon your mother's death.
If the house is listed in the trust document, but title is not held by the Trustees, a petition to the court will be necessary following your father's death, although a full probate might be avoided. If title is held in both your parents names as Trustees, an Affidavit of Death of Trustee must be filed with the applicable county recorder's office.
If your father wants to avoid "pitfalls" for his beneficiary after his death, he should consult a qualified estate planning attorney ASAP!
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