Las Vegas, NV asked in Estate Planning and Probate for Nevada

Q: My mom and deceased stepfather has a living trust in Clark County. How do I remove my stepfather's name from the trust?

My mom wants to do remove his name and do a Deed Upon Death naming me as the grantee of the house they own.

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: In most states a deceased trustee is removed from title by recording an Affidavit of Death of Trustee. However, that does not guarantee that your mother has the authority to do what she is proposing. The only way to determine whether she can do that would be to review the trust, and even if the trust says she has total authority over the house, there are additional steps involved. This is not a do-it-yourself project. Hire an attorney to do this right. You don't want to create title issues that will be extremely difficult and expensive to fix after your mother is gone and it is too late to obtain her signature.

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