What type of Deed Document do I need to transfer property from a joint tenant to his Living Trust, if the other JT died?

In CA, if a husband and wife have taken title to property as joint tenants and wife dies, can the husband transfer the property to his Living Trust with a Trust Transfer Deed reflecting Grantors, husband and wife to Grantee: the Living Trust of Husband or would the husband need to first execute an Affidavit of Death of Joint Tenant and then a Transfer Deed?

Long Beach, CA -

Attorney Answers (2)

Robert Paul Bergman

Robert Paul Bergman

Trusts Attorney - San Jose, CA

The latter is correct. In order to clear the title to the property to permit the transfer into the husband's living trust, an Affidavit of Death of Joint Tenant will need to be recorded along with a certified copy of the Certificate of Death for the wife.

A Trust Transfer Deed can be prepared and filed at the same time as the Affidavit, with an instruction to the Recorder to record the Affidavit first, followed by the Trust Transfer Deed.

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Sean Patrick Lewis

Sean Patrick Lewis

Family Law Attorney - Fresno, CA

Good advice already provided. I would add also that with family status changes, it is a good time to verify that the current trust terms are what is desired. Often, with family status changes, trusts are adjusted to accommodate the new situation.

Good luck!

The above is not intended to be legal advice, but may be used for general information. Please contact an attorney... more

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