Long Beach, CA asked in Real Estate Law for California

Q: What are the pitfalls if I purchase a house while it’s still in a joint living trust, but one of them had died?

If there is a property that is in a joint trust and one of them died, and the surviving spouse sells the property, what are the pitfalls if I purchase it while it’s still in the joint living trust? Why would the surviving spouse not just change it out of the trust to be just in their name?

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1 Lawyer Answer
Yelena Gurevich
Yelena Gurevich
  • Studio City, CA
  • Licensed in California

A: It should not matter if the seller is the trust/trustee or an individual. You as the buyer proceed as you normally would in a purchase of a real estate. You may have to work with a broker/agent to guide you through the process.

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