Legal Question in Wills and Trusts in California

My mom recently passed away and has a trust but she never re-titled her house as owning the trust. her will states that everything will go to the trust. Will I have to go to probate to get this resolved?

Asked on 6/13/13, 12:45 pm

3 Answers from Attorneys

Aaron Feldman Feldman Law Group

If the trust identifies the house as an asset that is supposed to be in her trust, then you can Petition to have the house put into the trust. If not, then you may have to go through Probate. I file these Petitions regularly and can help.

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Answered on 6/13/13, 12:58 pm

Scott Jordan Dunning Law Firm

Do you mean she never put the title of the house into the trust?

How is title to the house held now? Are there any joint tenants?

As for Probate, you can probably file a Heggstead Petition with the probate court and obtain an order that the house should be recorded in the name of the trust. This will avoid a formal probate process.

Please feel free to call me to discuss how this is done. My office is in Danville and my number is (925) 362-1725.

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Answered on 6/13/13, 2:06 pm
Victor Waid Law Office of Victor Waid

Mr Jordan and Mr Feldman's answers are correct; however the attorneys will need to review the documentation you have in your possession re the trust to represent you.

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Answered on 6/13/13, 5:12 pm

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