Phoenix, AZ asked in Estate Planning for California

Q: California. House in a trust with parents. Mother died. Father in charge. I am one of four siblings. Trust Deed?

Father wants me alone to receive house. To avoid lawsuits from brother who will be entirely excluded how does he Grant Deed me the property so Father and I are both Trustors?

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2 Lawyer Answers

A: The fact that you are asking rather than your father will set off alarms. It’s your father’s home to do with as he pleases. If you influence him to give it to you and that’s not what your father would choose to do on his own, then it’s possible you could get sued for undue influence, elder abuse, and/or a host of other things. Your father needs to go by himself to meet with his lawyer and the lawyer can advise your father on the best way to proceed. Handling the matter this way will hopefully prevent claims being brought against you. Best wishes.

James L. Arrasmith
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Answered

A: To grant you the property and ensure you and your father are both Trustors, your father would need to amend the trust. This amendment can name you as a co-Trustor and specify that you will receive the house. It’s important that this process is done correctly to reflect his wishes.

To avoid disputes with your siblings, your father should clearly outline his intentions in the trust document. This could include adding a "no-contest" clause to discourage legal challenges. However, it's crucial that all changes are made with proper legal guidance to ensure they are valid and enforceable.

If your father wants to grant you the deed directly, he may execute a Grant Deed to transfer the property to you. The deed should then be recorded with the county to formalize the transfer. Each step needs to be handled carefully to protect your father's wishes and reduce the risk of future litigation.

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