My mothers home the lawyer said was included in the trust and I thought her bank accounts were also but they were not properly funded. The accounts are less than 150,000 but do I answer no, to did decedent own real property in California because the home is funded in the trust or do I answer yes because she did own property in California then it seems I have to show it's worth like they are including it. But I read that you don't include property in a trust. I am not sure how to answer this question. Could you please give me some advice on this question on this affidavit form.
I would answer NO because technically the TRUST owns the home IF title was transferred to the TRUST. My condolences on the loss of your mother.
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You include both real and personal property in a trust. Real property refers to real estate. Personal property refers to all else - bank accounts, investment accounts, personal items, furniture, etc. Not sure what you mean by California Affidavit of colletion of estate assets question 10. Are you trying to fill out a Small Estate Affidavit? Suggest you talk to a probate attorney personally and show them the trust. And are you the successor trustee of the trust? If so, I really think you need help from an attorney to get this right.
If real property was funded into trust, it is not part of probate estate.
Correct answer is "No".
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