Q: Dads wife recently set up a trust and put her portion of the real estate in this trust. Did she need his signature ?
The properties were held as joint tenants. Can she put her portion of the property in a trust without his signature or him agreeing? Would this not change the deed, thus requiring his signature?
A: Assuming your dad and his wife live in California, the property they acquired as a married couple is owned 50% by your father and 50% by his wife because California is a community property state. There is no problem with your step-mom putting her half into a trust because she owns it and can do whatever she wants with her asset. However, the outcome of her putting her half in a trust will change the property from a joint tenancy to a tenancy in common. Your father will still own his half, so don’t worry about that.
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