Full question:
I need to transfer title to my house from my (now deceased) wife and I (husband and wife, as joint tenants) to myself as trustee of a revocable trust (in other words, putting my house in living trust). Can I do that in one step, or do I have to transfer title to me as sole owner first, then transfer to me as trustee of trust? Can I execute (sign and notarize) the trust before I have sole ownership?
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: California
Answer:
The answer will depend on all the facts and paperwork involved, such as whether the wife's estate has been probated. Typically, when spouses are joint tenants with right of survivorship, the property passes outside the probate process and the title may be transferred according to the rules of the local recorder's office where the property is located. I suggest calling the recorder's offce to inquire about applicable requirements. A death certificate is often required.
Typically, the owner will transfer the property into the trust to fund the trust at the same time that the trust is created. As long as the description of the property in the trust matches with current information, but the trust document may be drafted and then the property deeded to you and then the trust.
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.
