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LawTalk, Attorney
Category: Estate Law
Satisfied Customers: 34897
Experience:  I have more than 25 years of experience in the practice of law.
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Five years ago my husband bought a house for his son, which

Customer Question

Five years ago my husband bought a house for his son, which is in my husband's name. My husband paid cash and therefore there is no mortgage. Four years ago we put the house in our living will, giving him the house. May we use a Quick Claim Deed to deed over the house to him without changing the living will?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No. I started to explain why, but it is a long story. My husband does want to give him the house is the bot***** *****ne.
JA: Anything else you think the lawyer should know?
Customer: Perhaps. His son is on SSI because he is bipolar.
Submitted: 2 months ago.
Category: Estate Law
Expert:  LawTalk replied 2 months ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Yes, the Trustee of the trust may transfer the property into your step-son's name by executing a quit claim deed from the trust to your step-son, and then he will own the property outright and the trust will have disposed of the asset. It will not be necessary to change your living will or your living trust. To the extent that the will mentions the house that you are transferring, it simply will not be there to transfer on your deaths. Aside from that the trust may remain the same.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 2 months ago.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,


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