My mother passed away earlier this month and I am a successor trustee for her revocable living trust, Kern County, CA. The estate is to be s...

Question

My mother passed away earlier this month and I am a successor trustee for her revocable living trust, Kern County, CA. The estate is to be split 50/50 between myself and my brother. My brother wants my mother's house as his share of the split, which is agreed upon between us. I have prepared the following forms to accomplish this, and want to know if I have covered all the required ones, or if I have more than I need:

Affidavit of Death of Trustee (mom)

Affidavit of successor trustee (myself)

Certification of trust

Preliminary Change of Ownership Report (for brother)

Change in Ownership Statement (for brother)

Grant Deed [[[Grantor: me? or trust?]]] Grantee: brother

Claim for Reassessment Exclusion for transfers btwn parent and child (for brother)

Claim for Homeowner's Property Tax Exemption (for brother)

Thank You

Answer

Generally good. However, I think you have a strong chance of getting the property reassessed (at least as to half) the way you have done it. I would do a distribution agreement to show you getting some assets and brother getting the house. When the county assessor sees that they should allow the parent-child to go through. Good luck. -John

Answer

YOu don't need an affidavit of death AND an Affidavit of Successor Trustee- two different names for the same thing.

The Grantor on the deed is YOUR NAME, as Trustee of the NAME OF TRUST/date of Trust. Use same wording as current vesting deed to describe the trust.