Legal Question in Wills and Trusts in California

A trustee opts to change his half of a revocable trust. This revoking returned all assets to community property status. A new trust is executed, deeds signed and notarized but not recorded until 3 days after death (when both trusts had become irrevocable). Who owns the property?


Asked on 3/01/14, 11:37 pm

2 Answers from Attorneys

Victor Waid Law Office of Victor Waid

Without being able to review the trust documents, in their entirety, am unable to answer with any clarity. Suggest you seek the services of a probate/trust litigation attorney for review and advice.

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Answered on 3/02/14, 8:48 am
Len Tillem Tillem McNichol & Brown

The recordation date isn't likely to be important unless one of the deeds severed a joint tenancy, in which case it may be void as it was recorded after the date of death. Also, if the deeds transferred community property to a new trust that was created by only one of the spouses, then it's possible to void the transfer as community property may be transferred only with the consent of both spouses. It's important for you to review the matter in detail with a trusts and estates attorney, who would need to see both trust documents and all of the deeds, at the very least, to provide you with a reliable opinion.

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Answered on 3/03/14, 9:37 am


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