I was told my father needs an Affidavit of death for my mother to sell their time share
in AZ. (he lives in CA.) is this necessary if the property was included in a family trust. If so how can we do this ourselves, and how long does this usually take.
1 Answer from Attorneys
If the property was included in a family trust, the family trust is still active and properly maintained, and your father is named as a trustee or successor trustee (or he can be appointed as a trustee by another person who is currently named as trustee), then you should not need to file an affidavit of death because the trust owns the house and trust will be selling your house.
They may be asking for an affidavit because they want proof your mother can no longer serve as trustee of the trust.
You may simply need the affidavit of death to make the title company or purchaser's lender happy. That is more of a company policy issue than a legal issue.
If you would like help preparing and filing such an affidavit, or reviewing your documentation to determine the condo title's status, please contact me. I would be happy to help.
Riley S. Snow