My widowed mother died on October 10, 2007, she had a living trust drawn up appointing me as successor trustee to the trust. After I reviewed the trust I realized that she made no beneficiary designation for her house, (real property), the property has a value of more than 100k. Her personal and financial assets amounted to less then 10k. The house is recorded in the name of her trust with the recorder in the county where the real property is situated. The "Affidavit of Succession" states "WHEREFORE, Successor Trustee has assumed title to the real property and/or other assets covered by said Trust and will hereafter administer the same in accordance with the instructions set forth in said Trust". The affidavit was executed and signed by my mother and me and notarized. I have made a diligent effort to find a pour over will for the trust, but have not been able to find it. Even if I did find a pour over will, my mother had no assets left outside of the trust. I am relatively positive that I am the sole surviving heir to my mother's estate anyway. However, I did locate approximately 9K in uncashed SSA and retirement pension checks in a box, which she stored in her closet along with 2K in cash. I know what to do with the uncashed checks so they can be reissued in my name. I plan to file an "Affidavit of Death of Trustee", "Preliminary Change of Ownership Report" and Claim for Reassessment Exclusion for Transfer Between Parent and Child" forms with the pertinent county recorder to have the house transferred into my name.
My parents had no previous marriages they conceived three sons, of the three sons I am the only son living. Should I submit a declaration to the county probate court to determine succession of the real property or will the verbiage in the trust be sufficient for recording and transfer of ownership purposes?
What other stumbling blocks should I be aware of which I might encounter in closing my mother's trust?
Thank you for your anticipated assistance in this matter.
My parents had no previous marriages they conceived three sons, of the three sons I am the only son living. Should I submit a declaration to the county probate court to determine succession of the real property or will the verbiage in the trust be sufficient for recording and transfer of ownership purposes?
What other stumbling blocks should I be aware of which I might encounter in closing my mother's trust?
Thank you for your anticipated assistance in this matter.
