Depending on what the unsigned version of the trust says, you may be able to sell your home without any further action being necessary. However,...

Why would I have to file?

Besides filing your mothers will with the probate court, you also need to send the required notice to the beneficiaries named the trust, and...

Actually, if there is a Trust, it is likely that a Will is a special Will called a "Pour-Over Will." A Pour-Over Will is designed to direct any...

It would be done my a deed. However, depending on how the original title was acquired between the three of you, there may be an immediate...

In California, how can a brother transfer real property interest to another brother whilst minimizing tax consequences/ Prop 13?

Unless your mother has an extremely large estate, I would not worry about gift taxes. The goal could likely be accomplished using proposition 58,...

Generally speaking, if your husband purchase the house before your marriage, it would be considered his "separate property" and he could put it...

On the other hand, can a trustee sell the property if there is a surviving Settlor who is against the sale?

The Settlor is a creator of a trust. You indicate that the Surviving Settlor resigned from the trust, which I assume means resigned as a trustee...

The short answer is to create a grant deed where you transfer title of the property from yourself back into your trust. However, without knowing...

The attorney that prepared my parents revocable living trust failed to add me as executor per my parents wishes. Can I sue?

It is unclear from your question what is the current status of your sister. From your fax, you were named as a successor Trustee of your parents...

Is there a requirement to probate a will for an estate?

The process for you to follow is to file a probate court petition under probate code section 850, more commonly known as a Heggstad petition. In ...