Legal Question in Real Estate Law in California

Grandma Jane placed her house in trust prior to her passing. Deed reads "Jane Smith, trustee, under the trust dated June 1, 2003". Can this be cured without having to go to court? The trust lists the property, by address, in it's Schedule of Assets. Could a copy of the trust be given to a future buyer of the property and title insurance agent?

Asked on 5/27/21, 11:00 pm

1 Answer from Attorneys

Timothy McCormick Law Offices of Timothy McCormick

If it is a valid trust it must say what happens to the trust assets after the trustor dies. Normally there is a successor trustee named, and/or instructions for distribution of the assets. The successor trustee will not need to go to court but will need to file a notice of death of trustee and new trustee. If there is no trustee named, then someone WILL have to go to court and petition to become successor trustee. Either way, that new trustee will then be able to sign title documents as {Name} successor trustee under the trust dated June 1, 2003. The title company for the sale will most likely want a copy of the trust as well.

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Answered on 5/31/21, 5:35 pm

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