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My mom passed away 9 years ago and dad is still alive and living

in the home they both...
My mom passed away 9 years ago and dad is still alive and living in the home they both co-owned and is fully paid for. They established a living trust when she was alive under both their names. The property tax bill continues to comes in both their names and dad is wanting to change the deed of trust to his name only.

Question: should he do this and in doing so does he need to change the name on the living trust to his only as well? Or, is this name change unnecessary?
Thank you in advance
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Answered in 16 minutes by:
7/5/2013
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 43,522
Experience: Texas lawyer for 30 years in Estate law
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Thanks for your question and good afternoon.

You would need to check here with the deed records to see if the property was transferred into the trust while she was alive.If they did not do that you will have to obtain a local lawyer to file for probate for your mother.Creating a living trust here is only half the battle.The property would have had to have been transferred out of their names into the trust while she was alive.

If this was not done and likely it was not because the tax records still show it in both and her names then you would need to do probate here and have a personal representative appointed.Her share of the house and any other community property and her separate property pass through probate under the laws of intestacy assuming she had no will.

You will need a lawyer to review the deed and verify that probate is needed here.I wish I could tell you otherwise.I am assuming they prepared the living trust but have failed to transfer the property into it.If she was alive a simple quitclaim from both to the trust would have resolved this.

I appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again.

 

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RayAnswers
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You are going to need a local probate lawyer, it is filed in the county where she
deceased.Here is lawyer referral through the state bar.

http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.asp

 

Now if the property was deeded into the trust you would take copy of deed to the tax office and they would update their records.But I am wondering if the deed transfer from them to the trust was ever completed while she was alive.If it was then its something simple here, if it wasn't then you are looking at probate for her first to deal with this issue.

 

Please let me know if you have follow up.I know that this may have been a different outcome that you expected here.

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Customer reply replied 4 years ago

Thank you Ray, I will deliver your answer to my dad. He is Spanish speaking so it may be difficult to translate all of this legal jargon.


 


I do believe the property was deeded into the trust so hopefully it is as easy as you mention.


Many thanks,


Ligia


 

Yes if it was then it is real easy.You take a copy of the deed into the living trust and they should update their records to reflect the correct legal ownership.Thanks again and have a great weekend.
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