QUESTION
If he dies, what happens and am I entitled to the house?
Asked on Jul 18th, 2016 on Estate Planning - California
More details to this question:
My husband owns the house we live in. It was in a trust, but it is now void. The people that were named on trust with him have legally signed off. It has been notarized. All he has to do is go down to the courthouse and pay the fee to file it in his name. He keeps putting it off. My concern as his wife.
1 ANSWER
I am not sure everything has been legally done as you presume. Even if all the other beneficiaries have formally rejected their right to receive a portion of the property, the trust, assuming it is a revocable one, must first be revoked for the property title to be passed pursuant as to probate. That does not require paperwork filed with the State, but the passage of title from the Trust to him must be recorded. He does not have to go there; prepare the paperwork yourself, give it to him, and record it yourself. There may be reasons other than not wanted to make the trip that he has to not transfer title.
Answered on Aug 12th, 2016 at 6:53 PM