Legal Question in Wills and Trusts in California

My husband died and our home is in joint tenancy. I want to put the home in a living trust for family members. In the state of CA do I have to file an Affadavit of Death before I can make a trust?


Asked on 1/30/16, 9:29 am

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

You need to file an affidavit of death of joint tenant to get your husband's name of title whether you are setting up a living trust or not. And yes, it must be done before you can transfer title to your name as trustee.

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Answered on 1/30/16, 9:41 am

I agree with Mr. Cusack, but would put it a little differently. You do not have to record the Affidavit of Death before you MAKE the trust, but you must do so before you transfer the property INTO the trust. When a joint tenant dies the affidavit must be filed before any kind of transfer of title, whether into a trust, encumbering it with a loan, or anything else.

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Answered on 2/01/16, 10:19 am


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