Legal Question in Real Estate Law in California

Living trust

My stepfather died approximately 3

years ago and left everything to my

mother.My parents had a living a

trust established in 1991 and had it

revised in 2007.In the revision my

mother was named the sole executor

and trustee of the estate.The home

my stepfather left to my mother

when he passed is worth

approximately 1.2 million dollars.The

notes (which were solely in his

name) have only $150k left on it

before they are paid off in full (1st of

$150K and HELOC of $100K that has

no draw on it).My mom would like to

do upgrades to the house as well as

have access to the money in the

house in case of an emergency.The

problem is my mother has

encountered nothing but opposition

from her attorney in helping her

navigate her way through the

process of changing the mortgage

into her name or having access to

the money in the event of an

emergency.What needs to be done?

Does/Can she need to put the

mortgages in her name so she can

have access to the money?Does she

have to refinance the mortgage to

get to the equity in the home?The

home is hers but it seems as though

she has hit a wall when she attempts

to get anywhere in terms of

accessing the equity.

1 Answer from Attorneys

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