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As Successor/Trustee to my Mother's Estate, I need to transfer the Deed to her house into my name.
Anonymous7 views4 answers
I was named successor/trustee in my mother's revocable trust. She passed away this year. The deed is currently in the name of the trust. In order to place the home up for sale, extensive repairs need to be done (roof repairs, electrical, bathroom, chimney/fireplace, and exterior/interior paint). My bank has told me I need to put the deed into my name as trustee (name, as trustee) in order to obtain a home equity loan to make all these repairs..
What documents are needed in order to transfer the title into my name as trust here in California? I was told to get in touch with an attorney or a title company for assistance. I'm not sure who to turn to. Her home is located in Hayward and I reside in the Sacramento area. After the home is sold, the estate will be distributed to all named.
Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA ·
You need to file an Affidavit of Death of Trustee along with a certified copy of your mother's death certificate with the County Recorder's office where the property is located.
In Los Angeles, you would also file a Preliminary Change of Ownership form. I am unfamiliar with the particular requirements in Alameda County. Check their website for fees and filing requirements.
If time is important a title or escrow company could assist with the filing. Otherwise you might be in limbo for sometime. The lender will also require either a Certificate of Trust or the actual Declaration of Trust from you to prove you are the named successor trustee and identification.
If you are not the sole beneficiary of the trust, I strongly suggest you consult and retain an attorney in your area to help with trust administration. There is no reason for you to pay that expense yourself. The fees will come from the trust estate and be shared equally by all beneficiaries.
Having qualified counsel now will save you lots of headaches along the way, satisfy your fiduciary obligation to obtaining professional assistance, and make this difficult time easier for you.
You need to consult with an attorney to assist you with the administration of the trust, not just to assist in changing title to the trust property.
If you would like to obtain legal advice about your situation, I am available to consult with you at your convenience. The initial consultation (30 minutes) is free. If you would like my assistance, please contact me at 916 925-6005.
Mr. Daymude is correct regarding the Affidavit of Death of Trustee, etc. Also, this would be a change in title — transfer to you as Successor Trustee — but it is NOT subject to reassessment of property taxes. You will need to get advice from an attorney or title company to help you check the appropriate box on the Preliminary Change of Ownership Report (PCOR), in order to claim this exemption. Randall B. Klotz, Esq.
