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David Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27689
Experience:  25 years practicing attorney
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I live in California and my widowed mother just recently passed

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I live in California and my widowed mother just recently passed away. She left a living trust which indicates her home is to belong to her 4 children. How do we start this process?
-Could you explain your situation a little more?
Is the deed to the property in the trust or in your Mom's name?
If it is in your Mom's name then is there a will that designates the trust as the beneficiary of the house?
Customer: replied 3 years ago.
the deed to the poperty shows as follows
Micaela Romero TR, this was done as part of her living trust
Customer: replied 3 years ago.
I am sorry, I dont see the response to my initial question?
Dear JACUSTOMER - If that is the case and I am assuming Micaela Romero is your Mom then the property is already in the trust and you wouldn't have to do anything to transfer it to the trust. I'm not certain from your facts what the trust says as to what happens after you Mom's death but if the property is supposed to remain in the trust then nothing would have to be changed except the trustee. If you are named in the trust as successor trustee then that also has been taken care of. So unless the trust has some language that you are supposed to do something with the property after your Mom's death I see nothing you would have to do except to execute a quit claim deed from Micaela Romero, Trustee to you as trustee. Since the trust already owned the property at the time of your Mom's death then technically the house was not in her estate and the ownership didn't change. Beyond that you will have to follow the terms of the trust with respect to the property and how it will be managed or distributed. I am very sorry for the loss of your mother.
Customer: replied 3 years ago.
my siblings would like to sell the property as it is owned 100% and there are no liens or outstanding finanical responsibilites tied to the property. Once we do the quit claim, are there any other steps needed to move forward with a sale?
If your are all in agreement and there is nothing in the trust that would prevent a sale then I see nothing you would have to do. You can probably not even do the quit claim since you are already named as successor trustee and would have the power to sign the deed for the trust as the successor trustee. You need to read the trust to make certain there are no provisions against a sale.
David Kennett and 4 other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.
thank you for your help
No problem and thanks for using our service - Dave

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