Q: whats the proper procedure to changing title into my name after being gifted the house that was still in a trust?
Hello, recently I inherited a house that belonged to my late grandmother by an "Irrevocable Inter Vivos Deed of Gift” in which she prepared and had notarized by 2 notary witnesses. One month prior she amended and restated her trust, revoked the original POA/Trustee and appointed me the new POA/Trustee through an attorney she hired to help her properly make these changes. The amendment to her trust divides the estate between her 3 grandchildren; 45% to me and my brother, and 10% to my sister, and that only I could buy out my brother and sister with the money that I would be inheriting. Approximately one month later she became disappointed after finding my brother had hired a lawyer and with his twin sister and the former POA/Trustee alongside, was trying to gain control of her funds and assets, entirely against her wishes. So, she decided she no longer wanted them to have any money from her home if they were trying to get her out of her home in order to sell it while she was still alive
A:
Dear Hayward:
After reviewing the facts presented in your question, I am uncertain about how the facts match up with your question and recommend that you have an attorney review the documents and your case (more on that latter.)
The property procedure to change title into the name of a beneficiary for a gift of real property following death via the medium of a trust would be to have the trustee execute the appropriate deed transferring title.
However, you seem to say that you inherited a house "by an 'irrevocable inter vivos deed of gift.' The term "inter vivos" indicates that it was a transfer during your grandmother's life, not a transfer at death. Moreover, you state that the deed was "notarized by 2 notary witnesses." A notary acknowledgement (required to record a deed) is different than a witness attestation, so I really cannot tell what is going on here and there may be serious deficiencies in the documents.
You should seek a consultation from a licensed attorney knowledgeable in real property and trust and estate law, and be sure to bring copies of all your documents with you. A good place to start in locating an attorney is with your local county bar association. Most California county bar associations provide a lawyer referral and information service. For a small or no fee, the service matches you with an experience attorney in your area of need. The attorney then provides a consultation of one-half and hour to one hour, depending on the program rules, which is covered by the fee you pay the service.
Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
