Legal Question in Wills and Trusts in California
Property as Tenants in Common
My father just passed away and he created a trust in 1995. My mother passed away in 1993. When dad created the trust he held a piece of property with my mother as tenants in common. He never took her off title and he never put the land into his trust. What can we do now since both of my parents are dead? I have the quit claim deed that the attorney prepared in 1995 (signed and notarized but never sent to the recorder's office). Thank you for your help.
3 Answers from Attorneys
Re: Property as Tenants in Common
It depends on what the quit claim deed says. You may be able to avoid probate, but may need to get a court order to change title. I would need to see the trust and the QC deed.
Re: Property as Tenants in Common
Does the quitclaim deed put the property into the trust? If so, it can be recorded. Title companies may later question why the late recording, so you may want to check with one now to see if any additional documentation would help.
Re: Property as Tenants in Common
If the quit claim deed transfers the property to the trust, it can be recorded. Also, if the trust lists the property as an asset, you can file a petition to transfer it into the trust and avoid probate.