QUESTION
Death of a Trustee in Revocable Living Trust
Asked on May 04th, 2015 on Trusts and Estates - California
More details to this question:
My mother and father are the grantors and trustees of their revocable living trust, which was recorded. My father passed away in 2013 leaving my mother as the remaining living grantor and trustee. Questions: Does my mother need to record a death of trustee? If not, will I need to record death of trustees when my mother passes as I will be the executor of my parent's trust? My brothers and I are the beneficiaries of their home. Will I be able to sell my parent's home as the executor or will I need to do something else in order to do so? Thank you.
1 ANSWER
It is a good idea to file an "affidavit of death of trustee" with the county, with original death certificate attached, to take dad's name off the house. As long as the home is properly titled in the trust you should have no problem selling it in the future. You might talk to an estate planning attorney as it might make sense for mom to appoint you both as co-trustees with her to help her with her financial affairs!? Good luck. -John
Answered on May 05th, 2015 at 7:07 AM