Estate Law Questions? Ask an Estate Lawyer.
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)?
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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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.
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