Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

I am successor trustee and sole beneficiary of my father's

Customer Question
revocable living trust. He passed...
I am successor trustee and sole beneficiary of my father's revocable living trust. He passed away 2 weeks ago. There are securities in the trust, as well as a residence and 3 undeveloped pieces of property. The securities are held by a brokerage and they have been very helpful walking me thru the documents I need to present in order to transfer those securities into my name (using my own SS #). It's the house and 3 lots that I'm confused about.I can't seem to get a clear handle on how to proceed with getting title of those transferred into my name. Since everything was in a trust (and he had no outstanding debts), nothing goes through probate, correct? I live in Arizona, but my father lived in California and that's where the trust instrument was completed, as well as all the real estate titles are held.
Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 17 minutes by:
8/2/2015
Estate Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Christopher B, Esq
Category: Estate Law
Satisfied Customers: 2,983
Experience: Litigation Attorney with education focus on estate planning and tax
Verified

Does the trust have language that provides for the applicable law that applies to the trust? All of the real estate is located in California?

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
all the real estate in located in California. I do not understand the wording of your question, "Does the trust have language that provides for the applicable law that applies to the trust?" Could you be more specific? I have the trust in hand. What verbiage am I looking for?
Estate Lawyer: Christopher B, Esq, Attorney replied 2 years ago

"This trust is covered under applicable California law" or something to that effect. I would guess California law is applicable to this trust, but I just wanted t be sure.

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
I'm looking.....
Customer reply replied 2 years ago
Under GENERAL TRUST PROVISIONS , Item C) California Law to Govern - "This declaration of trust is made in California and shall be governed, construed, and administered according to California laws even though administered elsewhere."
Customer reply replied 2 years ago
I don't want to switch to a phone call. I have only a cell phone and I am in a very bad service area. Are you still there?
Customer reply replied 2 years ago
In your email to me you state, "Also remember, you don’t have to take my response as the final word on your question. Feel free to continue the conversation until you’re satisfied. No extra charge."Am I missing something? This conversation doesn't seem to be continuing.
Estate Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Just saw your responses, I think that email is an automated one. I'm answering several questions. I will get to yours right now. Be patient, I will get your question answered sufficiently until you re satisfied.
Ask Your Own Estate Law Question
Estate Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Yeah that is the site that sent that, I do not even provide the service of live phone all due to possible conflicts with bar rules in my state.
Ask Your Own Estate Law Question
Estate Lawyer: Christopher B, Esq, Attorney replied 2 years ago
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.
First, I'm sorry for your loss. Correct if all property was in the trust then nothing will have to go through probate. This makes things much easier and quicker for you. You will need to obtain multiple certified copies of the deceased owner's death certificate (you probably already have). The real estate transfer procedures used in California requires that a certified death certificate be included with any other document required to change a real estate deed.
Second, prepare an "Affidavit - Death of Trustee" form (http://saclaw.org/wp-content/uploads/2015/01/form-affidavit-of-death-of-trustee.pdf), if title to the real estate was in the name of the trust. A pre-printed form suitable for recording can be obtained from the local county recording office or website, such as in San Bernardino County, California. After the affidavit is recorded, you can prepare and record a trust transfer grant deed (here is a sample form http://www.howtoprobate.com/wp-content/uploads/2011/08/Sample-Grant-Deed-Transfering-Property-into-Living-Trust1.pdf)that changes title to the property from the deceased owner's trust to your name as named in the trust.
Please let me know if you have any further questions or let me know if you would like additional services. If not, please positively rate my answer as it is the only way I will be compensated for my work. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic).
Ask Your Own Estate Law Question
Estate Lawyer: Christopher B, Esq, Attorney replied 2 years ago
I see you have reviewed my answer, do you have any further questions? If not, please do not forget to positively rate my answer (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) as this is the only way that I am compensated for my work.
Ask Your Own Estate Law Question
Estate Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Do you need help with the rating system? We answer these questions with the expectation that our work will be compensated by the site. Without your positive rating that won't happen, so if you could take the extra step and help me out, I would appreciate it. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.
Ask Your Own Estate Law Question
Ask Christopher B, Esq Your Own Question
Christopher B, Esq
Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2,983
2,983 Satisfied Customers
Experience: Litigation Attorney with education focus on estate planning and tax

Christopher B, Esq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,414 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,061 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,015 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,839 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,451 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,162 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
Owner of revocable living trust dies. One sibling becomes
Owner of revocable living trust dies. One sibling becomes trustee/beneficiary, other sibling estranged at time of inception in 2004 and excluded. However comes back into the picture 2011 trust was not… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
We have a revocable living trust with 2 of our sons listed
We have a revocable living trust with 2 of our sons listed on it. We wish to add a third now, When my spouse and I die, how does it go ? Do all 3 have equal say over the disposition of the property th… read more
ScottyMacEsq
ScottyMacEsq
Attorney
Doctoral Degree
1,162 satisfied customers
My daughter is a beneficiary of our revocable living trust
My daughter is a beneficiary of our revocable living trust and lives in a house which lies in the trust. I am trustee. If I sell the house am I eligible for the $250,000 deduction? … read more
Damien Bosco
Damien Bosco
3,000 satisfied customers
Does providing a new California Revocable Living Trust void
Does providing a new California Revocable Living Trust void an old Nevada Will. … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
For a probate estate in Pennsylvania in which (1) there is a
For a probate estate in Pennsylvania in which (1) there is a will and (2) the executor is the sole heir with authority to sell the property, does the executor need to petition the Court for approval t… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
In CA. My parents created a revocable living trust with pour
In CA. My parents created a revocable living trust with pour over wills. But they never transferred their real estate by deed into the trust. My mom died first and their real property was held in join… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
I took over as trustee of my mother's revocable living trust
I took over as trustee of my mother's revocable living trust when she became incompetent 6 months ago. My brother is a drug addict. My mother leased a car for him, registered in her name, which he dri… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I have a Family Revocable Living Trust that needs reviewing
I have a Family Revocable Living Trust that needs reviewing before I take it to a notary. I may need it reviewed, physically.… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,901 satisfied customers
We have a revocable living trust now, We want to make an
We have a revocable living trust now, We want to make an amendment to it - add a son that's all - also make simple restriction added to the trust. Nothing else. What price range can I expect to pay do… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
When there is a revocable living trust for a husband and
When there is a revocable living trust for a husband and wife and one passes away is any new property placed in the trust after the first trustee passes away still titled in the full name of the trust… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
Does a revocable living trust have to filed with the county?
does a revocable living trust have to filed with the county? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
As a single individual I created a revocable living trust
As a single individual I created a revocable living trust dealing exclusively with my separate property. Do I have to change the trust when I get married, if I do not wish to change the disposition of… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My mother and stepfather have a revocable (living) trust.
My mother and stepfather have a revocable (living) trust. Mother recently passed away. 92 year old stepfather has been found by the Department of Veterans Affairs to be incompetent to manage personal … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
Grantor of a revocable living trust has been declared
grantor of a revocable living trust has been declared incompetent and placed under conservatorship. grantor sold some assets from her trust after the conservator was appointed. successor trustee has p… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
I have a revocable Living Trust and live in Florida so is it
I have a revocable Living Trust and live in Florida so is it required to include a pour over will? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If my wife and I establish a revocable living trust and the
If my wife and I establish a revocable living trust and the trust has income, do we have to file a 1041. Two potential beneficiaries are nonresident aliens, but only if we both die at the same approxi… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Clients mother and father had a revocable living trust.
Clients mother and father had a revocable living trust. Father dies years ago, mother just passed away. I need an EIN for the trust. Does the trust now become an Irrevocable trust with the trustee as … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
CLA Estate Services has set up my revocable living trust. My
CLA Estate Services has set up my revocable living trust. My first year with MAJOR corrections I am finding my phone calls, mail and faxes unanswered. I am wondering, I have some items in the trust an… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x