Legal Question in Wills and Trusts in California

Real Estate trust change

I went into halfs on a house that the deed originally was worded ''Joint tenants with right of survivorship''. Then my dad got mad and place a quitclaim on his half to go into his trust. And the other half of the house would go to my brother. And the trust states I get none of the other half. Now he is changing it back. He thinks all he has to do is place another quitclaim stating the other half goes back to me. Doesn't he have to change the trust to say that too? He feels the quitclaim will supercede anything the trust says because of the newer date. Who is right? Thanks


Asked on 10/18/05, 10:15 pm

4 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Real Estate trust change

if you and your father initially had a legal joint tenancy with right of survivorship, then when your dad transferred his interest he effectively created a tenancy in common. so, no, he cannot simply quit claim the deed again in the "hopes" of creating a new joint tenancy. any such conveyance must be specific and done correctly in order for it to be legally binding. you both should retain an attorney to do it correctly, or you both risk doing it incorrectly and having a lesser tenant in common co-ownership estate being created. if you would like quick, efficiant legal assistance in doing this, contact us today.

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Answered on 10/19/05, 4:04 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Real Estate trust change

He should have an attorney prepare the documents to be sure it's done correctly--if he deeds it out of the trust, it may just create a "tenancy in common" which would then go through probate and may not wind up going to the beneficiaries he wants it to go to. If his part is in a trust, the most efficient way may be to amend the trust.

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Answered on 10/19/05, 12:11 pm
Scott Linden Scott H. Linden, Esq.

Re: Real Estate trust change

You are. If the property is not returned to right of survivorship (which can only be done at a single time, IT CAN NOT BE PLACED INTO THIS FORM UNILATERALLY BY YOUR FATHER) then his trust will divulge his 1/2 ownership at his passing.

If you are not named in the trust, you own your 1/2 and only your 1/2. Once he filed new title, he broke the right of survivorship and changed you to tenants in common.

Our office specializes in wills, trusts and estates. We'd be happy to take a deeper look into your situation and advise you of your options. This would be considered a free consultation.

Please feel free to contact me at the contact information provided by LawGuru or through my firm's website at No-Probate.com.

Best Wishes,

Scott Linden

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Answered on 10/19/05, 3:20 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Real Estate trust change

You question isn't entirely clear, but it sounds like you and your dad were joint teants. Your dad severed the joint tenancy when he transferred his half to the trust, thus making you tenants in common.

Your dad do whatever he wants with his half...he can leave it to you, your brother or split it between the two of you. Heck, he could give it all to President Bush if he wanted to. He can take it out of the trust or he can change the trust suit his wishes.

The one thing that is NOT clear from your question is what he WANTS to do. He should sit down with a local estate planning attorney who can advise on the best way to accomplish his goals.

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Answered on 10/18/05, 10:22 pm


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