Q: What would you recommend in the following situation:

The property ( Vacant Land Lot value under $30,000) has a few owners.

One of them has the property under Living Trust, he is passed away.

This person doesn't have a wife or children.

We can not get Trust documents of his Living Trust.

What would you recommend in this case?

Can his part of property ownership be transferred to other owners of the property?

*Would be the Lawyer able to find Trust information by Trust name and name of Trustee?

1 Lawyer Answer
Julie King
Julie King
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: Unfortunately, you can't just give away property that belongs to someone else. Even if you tried, the County would never accept a Grant Deed that was signed by someone who is not authorized to give away the property.

When someone passes away and has a trust, the trust will say who gets the property, so it doesn't matter if the person doesn't have a spouse or children. If the trust does not say who inherits the property, then the trustee could sign a small estate affidavit, since the value of the property is only $30,000. If you are unable to get a copy of the trust, you may want to try having a lawyer send a letter seeking to get it for you. If that doesn't work, it's possible you would have to go to court to obtain the information.

1 user found this answer helpful

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