Q: Do I use a grant deed or a quitclaim deed or another form to change ownership of a house from primary trustee to succ?

A: To change the ownership of the house from your mom as the primary trustee to you as the successor trustee and sole owner, you typically use a grant deed or a quitclaim deed. Both documents are straightforward, but it's important to ensure they are filled out accurately to avoid any issues.

When you file the deed at the Los Angeles County Recorder's Office, you'll also need to submit a Preliminary Change of Ownership Report (PCOR). This form helps the Assessor's office understand the nature of the transfer. Additionally, you should provide any documents that verify your role as the successor trustee, such as a Certification of Trust or the trust instrument itself.

Regarding the documentary transfer tax, transfers of property from a trust to a successor trustee are generally exempt. To maintain the low property tax under Proposition 13, you'll need to file a Proposition 19 claim with the Assessor's office. The new deed is usually forwarded to the Assessor's office after it is recorded, but it's a good idea to follow up to ensure all necessary steps are completed. Including every page of the trust with your filing helps confirm your authority to transfer the property, even if it seems unnecessary from other instructions.

For specific guidance, you might consider consulting with a legal professional familiar with trust and property law to ensure all requirements are met and to avoid potential pitfalls.

A: Thank you for your question!

The revocable trust can be revoked by the trustor (your mom) and not by trustee or beneficiary. The only person who can transfer the trust assets from trust to your name, is your mother as long as she is alive.

When the trustor passes away, the trust becomes irrevocable. This means that the terms of the trust cannot be changed. So, even though you are the only heir, you need to follow the terms of the trust.

If you are a beneficiary of the trust, you still may be able to get tax protection under prop 19 after death of your mother.

If the purpose of the trust is satisfied, then the trustee can close it, and distribute the true assets based on the terms of the trust.

The county record and county tax accessor are two separate organizations, and different fillings are required with each of them for transference of a property.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.