Estate Law Questions? Ask an Estate Lawyer.
Thanks for your question and good afternoon. You would need to check here with the deed records to see if the property was transferred into the trust while she was alive.If they did not do that you will have to obtain a local lawyer to file for probate for your mother.Creating a living trust here is only half the battle.The property would have had to have been transferred out of their names into the trust while she was alive.If this was not done and likely it was not because the tax records still show it in both and her names then you would need to do probate here and have a personal representative appointed.Her share of the house and any other community property and her separate property pass through probate under the laws of intestacy assuming she had no will.You will need a lawyer to review the deed and verify that probate is needed here.I wish I could tell you otherwise.I am assuming they prepared the living trust but have failed to transfer the property into it.If she was alive a simple quitclaim from both to the trust would have resolved this.I appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again.
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You are going to need a local probate lawyer, it is filed in the county where she deceased.Here is lawyer referral through the state bar.http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.asp
Now if the property was deeded into the trust you would take copy of deed to the tax office and they would update their records.But I am wondering if the deed transfer from them to the trust was ever completed while she was alive.If it was then its something simple here, if it wasn't then you are looking at probate for her first to deal with this issue.
Please let me know if you have follow up.I know that this may have been a different outcome that you expected here.
Thank you Ray, I will deliver your answer to my dad. He is Spanish speaking so it may be difficult to translate all of this legal jargon.
I do believe the property was deeded into the trust so hopefully it is as easy as you mention.