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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2922
Experience:  Litigation Attorney with education focus on estate planning and tax
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I am successor trustee and sole beneficiary of my father's

Customer Question

I am successor trustee and sole beneficiary of my father's revocable living trust. He passed away 2 weeks ago. There are securities in the trust, as well as a residence and 3 undeveloped pieces of property. The securities are held by a brokerage and they have been very helpful walking me thru the documents I need to present in order to transfer those securities into my name (using my own SS #). It's the house and 3 lots that I'm confused about.I can't seem to get a clear handle on how to proceed with getting title of those transferred into my name. Since everything was in a trust (and he had no outstanding debts), nothing goes through probate, correct? I live in Arizona, but my father lived in California and that's where the trust instrument was completed, as well as all the real estate titles are held.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 1 year ago.

Does the trust have language that provides for the applicable law that applies to the trust? All of the real estate is located in California?

Customer: replied 1 year ago.
all the real estate in located in California. I do not understand the wording of your question, "Does the trust have language that provides for the applicable law that applies to the trust?" Could you be more specific? I have the trust in hand. What verbiage am I looking for?
Expert:  Christopher B, Esq replied 1 year ago.

"This trust is covered under applicable California law" or something to that effect. I would guess California law is applicable to this trust, but I just wanted t be sure.

Customer: replied 1 year ago.
I'm looking.....
Customer: replied 1 year ago.
Under GENERAL TRUST PROVISIONS , Item C) California Law to Govern - "This declaration of trust is made in California and shall be governed, construed, and administered according to California laws even though administered elsewhere."
Customer: replied 1 year ago.
I don't want to switch to a phone call. I have only a cell phone and I am in a very bad service area. Are you still there?
Customer: replied 1 year ago.
In your email to me you state, "Also remember, you don’t have to take my response as the final word on your question. Feel free to continue the conversation until you’re satisfied. No extra charge."Am I missing something? This conversation doesn't seem to be continuing.
Expert:  Christopher B, Esq replied 1 year ago.
Just saw your responses, I think that email is an automated one. I'm answering several questions. I will get to yours right now. Be patient, I will get your question answered sufficiently until you re satisfied.
Expert:  Christopher B, Esq replied 1 year ago.
Yeah that is the site that sent that, I do not even provide the service of live phone all due to possible conflicts with bar rules in my state.
Expert:  Christopher B, Esq replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.
First, I'm sorry for your loss. Correct if all property was in the trust then nothing will have to go through probate. This makes things much easier and quicker for you. You will need to obtain multiple certified copies of the deceased owner's death certificate (you probably already have). The real estate transfer procedures used in California requires that a certified death certificate be included with any other document required to change a real estate deed.
Second, prepare an "Affidavit - Death of Trustee" form (http://saclaw.org/wp-content/uploads/2015/01/form-affidavit-of-death-of-trustee.pdf), if title to the real estate was in the name of the trust. A pre-printed form suitable for recording can be obtained from the local county recording office or website, such as in San Bernardino County, California. After the affidavit is recorded, you can prepare and record a trust transfer grant deed (here is a sample form http://www.howtoprobate.com/wp-content/uploads/2011/08/Sample-Grant-Deed-Transfering-Property-into-Living-Trust1.pdf)that changes title to the property from the deceased owner's trust to your name as named in the trust.
Please let me know if you have any further questions or let me know if you would like additional services. If not, please positively rate my answer as it is the only way I will be compensated for my work. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic).
Expert:  Christopher B, Esq replied 1 year ago.
I see you have reviewed my answer, do you have any further questions? If not, please do not forget to positively rate my answer (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) as this is the only way that I am compensated for my work.
Expert:  Christopher B, Esq replied 1 year ago.
Do you need help with the rating system? We answer these questions with the expectation that our work will be compensated by the site. Without your positive rating that won't happen, so if you could take the extra step and help me out, I would appreciate it. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.

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