Legal Question in Wills and Trusts in California

I, as grantor, put my motherís name as the trustee. Do I, as grantor, still maintain the power the trustee has? Or, do I need to declare myself as a trustee as well?

Asked on 6/02/13, 10:37 pm

3 Answers from Attorneys

William Christian Rodi Pollock

Your question does not make sense. The grantor is the creator of the trust (if that is what you are referring to). It is also the conveyor of property in a deed. The trustee is the "manager " designated in the trust. Your questions appears to confuse the capacities. Who owns the property? What is the name fo the trust. Who is the grantor of the trust and the trustee? Who is transferring the property to the trust and why?

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Answered on 6/03/13, 9:35 am

Victor Waid Law Office of Victor Waid

Agree with previous counsel response to your question.

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Answered on 6/03/13, 1:02 pm
Anthony Roach Law Office of Anthony A. Roach

I assume that you are talking about a deed of real property and that you are trying to create a trust. Normally, an intervivos trust is established when the creator of the trust - the trustor - deeds to the property to himself or herself as trustee. The trustor can deed it to a third party, expressly named as trustee, but it is rarer to do that. Usually the trust instrument will name a relative to act as surviving trustee upon the death of the trustor.

I hope you are not using some kit you bought somewhere. Those kits can get you into a lot of trouble.

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Answered on 6/03/13, 1:04 pm

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