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Question

Brief Overview of the situation: My Grandparents have a living trust with real estate transferred to the trust. Both my grandparents are deceased and there are 3 alternate successor trustees.

Successor Trustees
1. XXXXX XXng (Uncle that is deceased)
2. XXXXX XXm (Mother, however she is choosing to resign)
3. Joe Lim (Me)

Okay, so here is my question:

For the real estate in Nevada: Which forms do I need to file? Do I need to file a "Aff. of Death of Trustee" along with a death certificate and then concurrently file a "Deed" to transfer the property to the beneficiaries? I am interested in the form(s) and procedure that I need to make this transfer done properly. Also, do I need some death filing for my uncle that is deceased or for my mom that resigned?

For the real estate in Arizona: Do I go by the same procedure as mentioned above? Or is there a different process?

For the real estate in California: Do I go by the same procedure as mentioned above? Or is there a different process?

Submitted: 303 days and 8 hours ago.
Category: Estate Law
Value: $15
Status: CLOSED
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Optional Information

Arizona

Already Tried:
I have tried reading several estate pamphlets, books et cetera. Still no straightforward procedural answers. It seems like every state has their own rules and I just want to make sure we adhere to those rules properly.

Posted by socrateaser 302 days and 9 hours ago.

Answer

Affidavit of death of Grantor/Trustee, incorporated copy of death certificate, and an abstract of trust (or the whole trust instrument, if you feel the urge to pay for all those recorded pages), showing that you are a legitimate successor trustee, and then a deed granting title to the various beneficiaries.

 

Same thing in every jurisdiction. The objective is to prove the chain of title, so that there would be no misunderstanding as to ownership later. However, only the deed itself is legally required. It's just that without all the other documents, some future buyer may not be able to get a title insurance company to issue a policy without all sorts of additional documentation (or, an exclusion in the policy for the period where the title company couldn't follow the title chain).

 

 

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302 days and 8 hours ago.

Reply

Thanks for the prompt response.

In CA, there is a plentiful source of forms. It seems like every corner has some type of legal forms. However, I am unable to find the same forms in AZ and NV. Any suggestions or should I just use the same forms found in CA?

Can you refer me to a form store?

One more thing, I discovered that there is a property in Hawaii...I read that Hawaii Deeds need to be reviewed by an attorney. Is that true or can I represent myself?

Thanks!

Accepted Answer

You can't use forms from CA in other jurisdictions.

 

You could try http://www.uslegalforms.com/. I'm not recommending or disparaging them. But, they seem to have forms for just about everything. And, I believe that they have "completion services" available, if you want someone to do the work for you.

 

I see nothing in the Hawaii Revised Statues that requires an attorney's review of the deed before recording.

 

Regardless, if you want it done right, you may want to consider having an attorney do it for you.

 

 

Terms and Conditions: By your continuing in this conversation with me, or by your clicking "Accept", you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

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Expert: socrateaser
Pos. Feedback: 100.0 %
Accepts: 
Answered: 1/25/2009

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