Full question:
My deceased parents neglected to move some parcels located in SLO county into their trust. I need to file paperwork to request that a judge agree that the property retroactively become part of the trust.
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: California
Answer:
The process for adding property to a trust after the owners have passed away can vary based on the circumstances, such as if there are competing claims on the property. Typically, property is transferred to a trust through a deed from the owners to the trust. The legal owner is usually the person(s) named on the title or deed recorded in the land recorder's office.
If the title is in your parents' names, you may need to file a quiet title action to have the court recognize the property as part of the trust. This action determines the rightful owner and can include a request for an injunction, which is a court order to compel or prevent specific actions. The court can also order corrections to property records to reflect true ownership.
Additionally, you might consider filing for a declaratory judgment, which asks the court to clarify the rights of the parties involved regarding the property. This type of petition helps define the legal relationship and status of the property in question.
For administrative procedures, you may want to contact the recorder's office. It is advisable to consult with a local attorney who can review the specific facts and documents related to your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.