How Do I Transfer Property from My Deceased Spouse into a Trust?
Full Question:
Answer:
The answer will depend on all the facts and paperwork involved, such as whether the wife's estate has been probated. Typically, when spouses are joint tenants with right of survivorship, the property passes outside the probate process and the title may be transferred according to the rules of the local recorder's office where the property is located. I suggest calling the recorder's offce to inquire about applicable requirements. A death certificate is often required.
Typically, the owner will transfer the property into the trust to fund the trust at the same time that the trust is created. As long as the description of the property in the trust matches with current information, but the trust document may be drafted and then the property deeded to you and then the trust.
