What is the process of moving a house that is in a living trust of my deceased parents into a family trust?
Before moving anything out of deceased parents' trust, you need to make sure there are no outstanding debts owing, taxes owing, or other claims against the property.
Once that is done (called trust administration), then a deed from your parents' trust to the beneficiary of the trust, followed by a deed from the beneficiary to the family trust, would be the appropriate process.See question
My living trust is dated and signed October 15, 2013 however my signature was notarized until December, 2016. Would the date of the living trust be valid or the date of the notarization?
The trust was valid in California the date you signed it, October 15, 2013. There is no legal requirement that your signature be notarized.
I would consider that Octob23 15, 2014 date of the trust to be the trust date.See question
I want to see my dads living trust but my stepmom won't let me does she have to let me see it
I am assuming that your father is now deceased.
If so, you are entitled to a copy of the "terms of the trust" if you are a named beneficiary of the trust. Unless you and your father were no longer talking, he may have either left something to you, or else left property "in trust" for your stepmother, with the property to pass to you at her death.
In either case, his trust would likely now be irrevocable (i.e. no longer able to be amended or changed), and if you are either kind of beneficiary, you are entitled to see the trust.
You should consult with legal counsel assist you, perhaps starting with a demand letter to your stepmother.See question
We 3 siblings inherited my fathers home and we informed the trustee that we want to sell the home. He then proceeded to list the home with his personal realtor and told us that since he is trustee he makes all the decisions including pricing the...
While the trustee of a trust usually has the power to take the actions you outline, the trustee also has a supreme fiduciary duty of loyalty and fair dealing with the beneficiaries of a trust. Before taking any extreme action to improve the property, the trustee would be well-advised to meet with the three beneficiaries in order to make sure that the beneficiaries understand what is being proposed as improvements, and that the beneficiaries agree with the program. Beneficiaries are also entitled to be kept informed of actions the trustee has taken or proposes to take, especially when it involves the outlay of monies of the trust estate.See question
My husband and I live in California and have set up a trust leaving our entire estate to our two sons equally. One son is divorced, and the other is married to a woman to whom we do not wish to "get her hands on" any of our hard-earned money. Is t...
The only way to assure that property does not make it into the hands of a daughter-in-law would be to leave the property in trusts for your children, with someone OTHER than your children as the trustee in charge. This is especially the case if you are concerned about a child commingling or otherwise giving access to an inheritance to a spouse or other party.
You should consult with legal counsel who can draft the appropriate estate planning to protect the inheritance from spouses (and other potential creditors as well).See question
I have 3 properties in Alameda county, CA. Will properties go to probate without a living trust even if I have children ?
Probate is triggered by the fact that you own property (personal or real) in your name or payable to your estate at death, where the property is more than $150,000 in total value, which could include real estate up to $50,000 in market value.
Right now, your estate will go through the Probate process without taking further action, such as preparing a revocable living trust and transferring the ownership of your property into the trust ownership.
Living trust planning is more complicated than people think. You should consult with an experience estate planning attorney to assist you.See question
My 95-year-old mother-in-law disinherited my wife six months before the former passed away. On the Notary to validate her stated intentions, she badly misspelled her name twice on two signature lines. My wife and I are challenging the validity of ...
In addition to the other answers, unless your mother's original trust required it, there is no requirement that a trust or amendment to a trust be notarized at all. That may have figured into the Judge's decision.
The key factors would be if your mother-in-law did, in fact, sign the amendment, and she had the legal capacity to do so at the time. The fact that the drafting attorney also acted as the notary is more evidence of validity. In general, misspelled names are considered minor errors, which often happen for many reasons.
Unless you are disputing that your mother-in-law did NOT sign the amendment and/or that she lacked the legal capacity to do so, the amendment is likely completely valid.See question
I have a life insurance policy that will pay $500k when I die. Should I be naming my son as the direct beneficiary or my trust (that names him as the sole beneficiary)? Isn't the same goal achieved (my son gets the $500k)? What are the pros and...
I would recommend naming the trust instead of your son, and also that you consider having your property left in a lifetime trust for your son. With property trust planning, your son's inheritance (including the life insurance proceeds) can be protected from future creditors, divorcing spouses, and tax liens.
Consider having your trust reviewed to see if it is a "dynasty" or "legacy" trust.See question
house was sold at trustee sale. Turns out my loan was not in default but attorney and trustee fees of $8.500 were paid from surplus funds. Since there was no default, the attorney and trustee expended no efforts to enforce the obligation. Can i...
Unless the trustee and attorney knew that there was no default, your only recourse may be to go after the lender for those fees. If the lender put you into the foreclosure wrongfully (i.e. there was no default), the lender is the direct cause for the loss of moneys paid out for trustee's fees and attorney's fees.
I believe you need to consult with an attorney, probably real estate, that deals with foreclosure issues.See question
I have a client attempting to sell me 3 properties to my company. She claims rightful ownership of the parcels as per a Trust in her parents name. This trust assigned 50% conveyance to her and 50% to their niece. This has been contested in court f...
A petition such as what you indicated would normally be filed in the county where the deceased person lived and died, or in the county where the trust was administered after the death of the original owner. The petition would be filed under the name of the trust itself. So, if you can search the court records of the likely County or counties involved, you should be able to find a listing for the petition under the trust name. Of course, if there is no such petition, then the search will come up empty.See question