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Can I transfer my house title to a trust after my wife's death?

Can I transfer my house title to a trust after my wife's death?

Q: Why would you put a house in a revocable trust?

Putting a house in a revocable trust can help avoid probate, allowing for a smoother transfer of ownership upon death. It also provides privacy, as trust assets do not go through public probate proceedings. Additionally, it allows for easier management of the property if the owner becomes incapacitated.

Q: Why should I put my house in a revocable trust?

You should consider putting your house in a revocable trust to avoid probate, which can be time-consuming and costly. It also allows for greater control over how your property is managed and distributed after your death. Additionally, it can provide peace of mind knowing your wishes will be followed.

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: 04/07/2025
State: California

Answer:

The process depends on specific details, such as whether your wife's estate has been probated. Generally, if spouses are joint tenants with right of survivorship, the property passes outside probate. You can typically transfer the title according to the local recorder's office rules. You may need to provide a death certificate.

Usually, the property owner transfers the property into the trust simultaneously with the trust's creation. As long as the property description in the trust matches the current details, you can draft the trust document and then transfer the property to yourself before putting it into 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.

FAQs

Does a revocable trust become irrevocable upon death?

Yes, a revocable trust typically becomes irrevocable upon the death of the grantor. This means that the terms of the trust cannot be changed after the grantor passes away. The assets in the trust are then managed according to the trust's terms, which may include distributing assets to beneficiaries or managing them for their benefit.

Why would you put a house in a revocable trust?

What are the disadvantages of putting your house in a trust?

Some disadvantages of putting your house in a trust include potential costs for setting up and maintaining the trust, including legal fees. Additionally, if not properly funded, the trust may not achieve its intended purpose. There could also be complications if the trust document is unclear or if beneficiaries dispute the terms.

Why should I put my house in a revocable trust?

What is the best way to transfer property after death?

The best way to transfer property after death often depends on how the property is titled. If held in a trust, it can be transferred according to the trust's terms. If not, probate may be necessary. Joint tenancy with right of survivorship allows automatic transfer to the surviving owner without probate. Consulting an attorney can help determine the best approach.