QUESTION
Parent signs deed over to son, step father has living trust who is incharge of taking care of the home.
Asked on Aug 14th, 2015 on Trusts and Estates - California
More details to this question:
My mother signed the deed of the house over to me. My step father states he has a living trust so he cant be kicked out. The house needs a new well that I cant afford. Because I am the deed holder does it fall on me to pay for it or because my step father has a living trust is it his responsibility to pay for the well?
2 ANSWERS
Estate Litigation Attorney serving Redlands, CA
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I'm unclear about the state of the title. You stated that your mother signed of the property over to you. What ownership interest did your mother have in the property? Did your mother own 100% of the property or did she own half of the property in her own name? What interest does the trust have in the property?
Who is resigning in the property? Is there a rental agreement?
The responsibility of fixing the well depends upon the ownership of the property and any requirements in the rental agreement, if any.
Answered on Aug 29th, 2015 at 2:28 PM
2 Awards
If I understand your situation correctly, the house has been deeded to you. Therefore you are the legal owner and would typically be responsible for maintaining the property. Can you provide a bit more information about the Living Trust issue? Does the trust dictate that your step father can continue to reside at the home?
As the owner of the property you would typically be entitled to remove your step father from the home, sell it, live in it, etc. In order to give you a 100% clear answer though I would need more information about the Living Trust issue that you have raised.
Feel free to send me additional info.
Thanks,Jon
Answered on Aug 14th, 2015 at 3:40 PM