QUESTION
My mother has a trust, she died, and the executors are going to redo the trust?
Asked on Jan 08th, 2015 on Trusts and Estates - California
More details to this question:
My mother died in CA and she had a will and trust. Only asset was a home. Most of the heirs want it sold ASAP. Two younger siblings were assigned as Executors and they plan to change the trust. Is this possible. They said that it is required in CA because the home and title of the home is in my mother's name. Also, they are prohibiting anyone to show the house for sale to make any minor improvements to the home. I have never heard of rewriting a trust after the person has died? They have not filed the will or trust with the courthouse and it has been weeks since she died.
1 ANSWER
I am sorry for your loss. Generally a trust can not be changed, after death, without court approval. However, it sounds like the problem is the house is not titled in the trust. If that's the case they will have to go to probate court to get a court order which puts the house into the trust. I would say they should file within 60 days of death. If they have not started the process and/or sent you official trust notice (pursuant to California probate code 16061.7) then I would consider hiring an attorney of your own to make sure your interests are protected. Good luck. -John
Answered on Jan 08th, 2015 at 9:32 AM