I am a trustee for my parents California trust and they inadvertently forgot to transfer real estate into the trust even after their death. What Shall I do?
If your parents' real estate was not transferred into their trust prior to their death, and they have passed away, the process for transferring the property into the trust will be slightly different.
One option could be to open probate proceedings and have the property transferred through the probate process. This will likely involve going through the court system and may require the assistance of an attorney who specializes in probate law. The process will vary depending on the specific circumstances of the case and the laws of your state, but it may be a complex and time-consuming process.
Another option is a Heggstad petition, which is a legal motion that can be filed in California probate court to have real property transferred to a trust after the grantor's death based on the intent of the grantor. This process is relatively quicker and simpler compared to regular probate process and would not require opening a full probate case.
Regardless of the path chosen, it is important to seek the advice of an attorney who is familiar with California trust and estate law to guide you through the process and ensure that everything is done correctly.
It may also be important to check if there any liens or debts tied to the property that should be addressed before transferring the real estate to the trust.