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?
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.
Please remember to mark what you believe to be the best answer to your question. This answer is provided by estate planning attorney Robert P. Bergman, with offices in San Jose, California. Mr. Bergman is a Certified Specialist in Estate Planning, Trust and Probate Law (State Bar of California Board of Legal Specialization), and has been practicing since 1980. This answer does not create an attorney-client relationship, and is only intended to provide general legal advice within the limits of the question asked. If you wish to create an attorney-client relationship for specific legal advice, it will be necessary to enter into an engagement for legal services. More general legal information about wills, living trusts, and estate planning can be found at Mr. Bergman's main website at www.lawbob.com, or his information website at www.lawbob.net. Mr. Bergman also offers free living trust seminars and wealth preservation seminars at his offices in San Jose. For those unable to attend a live seminar, an online living trust seminar may be viewed or downloaded at www.freelivingtrustseminar.com.
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Family Law Attorney
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.
The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs. www.figgardenlaw.com
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