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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 7078
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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I am the successor trustee of my late mother's trust, which

Customer Question

I am the successor trustee of my late mother's trust, which included her home.
My title company is asking this: "Since your trust is irrevocable, please contact your attorney to have them prepare and execute a deed removing you from the trust."
Deed removing me from the trust? Do they mean remove me from the Grant Deed that transferred the home to me as successor trustee?
Submitted: 2 months ago.
Category: Estate Law
Expert:  LegalGems replied 2 months ago.

Did the trust become irrevocable on your mother's passing (ie it was a living trust which is revocable, but it becomes irrevocable when the individual passes)?

Customer: replied 2 months ago.
irrevocable on her passing.
Expert:  LegalGems replied 2 months ago.

Thank you;

in that case when the trust becomes irrevocable, the successor trustee is supposed to distribute all of the property to the rightful heirs; so even if the trustee/heir is named on the deed, that is in the official capacity (it lists the individual as the trustee of the trust). It is still necessary to transfer it to the trustee/heir as an individual.

This is usually done by quit claim deed and then also filing a BOE 58 to prevent tax assessment under prop 13 (parent to child transfers are exempt from being re-assessed):

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care

Customer: replied 2 months ago.
OK so a Grant Deed xfer to me as an individual. With that I must complete the "PCOS" which defines the "trust transfer" as excluded from taxation.I believe I've already done this maybe the title company is missing some of these docs.
Expert:  LegalGems replied 2 months ago.

You can usually check on line with the recorder's office in the county where the property is located; it will show a chain of title; not all counties are online in which case one would need to go in person, but most are online now.

Customer: replied 2 months ago.
OK, thank you.
Expert:  LegalGems replied 2 months ago.

I'm sorry; that last post was for another customer. please excuse that post.

kindly rate positively if no further questions;

all information is for educational purposes only and is not legal advice

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Expert:  LegalGems replied 2 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information. Otherwise kindly rate 5 ***** if you feel I have earned it!

Thank you!

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