Q: Filing an 850 petition only 1 named successor no adverse claims, do I need to file other probate forms¬ices first?
My grandmother had a real estate broker (referred by a church member) draw up a revocable living trust, she only wanted to put her house in the trust (it is listed in exhibit A of the trust), he did not tell her she needed a quitclaim deed. She died in Feb., my aunt is named as successor trustee (she is the only surviving child), but the house is not in the trust. Unfortunately, we do not have money for a lawyer, so I have been researching this and am currently drawing up a "PETITION FOR ORDER CONFIRMING SUCCESSOR TRUSTEE AND ASSETS". I attached the Trust, legal property description and death certificate as exhibits. I am asking the court to transfer the property to the trust and confirm my aunt as successor trustee. Do I need to file other probate papers first, or is this petition sufficient. There is no other property or will. Also do I need to send out notices if the trust only names my aunt (there are 4 grandchildren)?
A: The petition itself is sufficient, you do not have to include any other probate forms. The main thing the court will want to see is the schedule showing the property as a trust asset, so make sure that is included. The notice has to go to any person named in the trust (trustee and beneficiaries) as well as grandmother's heirs. This would usually include any children of your grandmother and children of predeceased children (grandchildren whose parents have passed). Sometimes the court does want all grandchildren included, but I almost never have to include them in these actions.
Gerald Barry Dorfman agrees with this answer
1 user found this answer helpful
A:
Dear Los Angeles:
Ms. Dunn is correct, the petition is sufficient to request transfer of the property into the trust.
Compliance with the notice provisions (Probate Code s. 851) is key. Aside from the mailed notice, it requires service similar to a civil complaint on: (1) The personal representative, conservator, guardian, or trustee as appropriate.(2) Each person claiming an interest in, or having title to or possession of, the property.
Also, the notice itself must provide the street address and describe the relief requested. (Most times, the notice also refers to a copy of the petition served with the notice.)
You will also want to check the local court rules for any additional guidance.
You may very well wish a lawyer to review your work, and some might accept "limited scope representation." You could also ask about the chances of having the drafter pay for your costs. Unless the real estate agent was a licensed attorney (I'm assuming this is all in California), they are cannot practice law, which includes drafting and advising on things like estate planning trusts.
If you are not sure where to find an attorney, you can try your local county bar association. Most California County Bar Associations provide an attorney referral service, where for a nominal fee you receive a 30 minute to an hour consultation. (My home county is $35.00 for a 30 minute consultation.) Some also provide moderate means, pro bono, and limited scope referrals as well.
Best wishes.
Gerald Barry Dorfman agrees with this answer
1 user found this answer helpful
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