Legal Question in Wills and Trusts in California

Does a Trustee of a Trust after the settler has deceased have full power to represent the settler in all matters involving the assets of the trust(revokable living trust)including real property and any mortgage secured with the property in the Trust without the need of probate to establish a legal representative. All heirs and Trustee are in agreement.The mortgage is an HECM (reverse mortgage)


Asked on 10/21/13, 11:34 pm

2 Answers from Attorneys
Michele Cusack Pollak & Cusack

If the real property and most other assets are titled in the name of the trust, the Trustee does not need to file for probate or get any court approval. There are legal requirements regarding administration of the trust, however, and it is a good idea to seek legal counsel to protect both the Trustee and the other beneficiaries.

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Answered on 10/22/13, 1:11 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Ms. Cusack.

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Answered on 10/22/13, 7:24 am


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