Resolution Format For Trust In San Diego
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FAQ
To terminate an active trust, a party with standing must petition the court and provide evidence that persuades a judge to issue an order dissolving the trust or all beneficiaries of the trust must agree to its termination.
If everything is in order, the court grants 'Letters Testamentary' or 'Letters of Administration,' officially appointing the executor or administrator. This person is now legally able to manage the estate and is often referred to as the personal representative of the estate.
After you die, only your beneficiaries and those who would legally inherit from you if you did not have a will or trust have a right to know what the trust contains. You do not have any legal requirement to file your trust with the County or the Court.
In California, living trusts are not required to be recorded, nor is it recommended.
Procedure for Recording a Living Trust Once the certification of trust is prepared, it must be signed by the trustee and notarized. The original certification of trust can be recorded with the county recorder's office in the county where the property is located, but that is not necessary.
Trusts are not filed or registered with the Court. You may wish to contact the County Recorder or the attorney who prepared the trust to obtain copies.
If all your property is in trust when you die (or become incompetent), then legally you don't own anything in your name. This means, if you die, no probate (formal court administration of a decedent's estate) is needed to pass your property on to your beneficiaries.
How to create a living trust in California Take stock of your assets. Choose a trustee. Choose your beneficiaries. Draw up your Declaration of Trust. Consider signing your trust document in front of a notary public. Transfer your property to the trust.
To amend a living trust in California, you'll need to create a written amendment document that clearly states the changes you want to make to your trust. Amending your trust allows you to update beneficiaries, change asset distributions, or modify trustee appointments without having to create an entirely new trust.
