Living Trust Question

Question Details: 1. Since I still have a mortgage with Fremont bank do I need to notify them if I change the name of the deed for the house from my name to the name of my revocable living trust which I am the trustee on the trust? 2. If question one is required what is the best way to let them know?

Asked 8/11/2009 under Wills, Trusts, Probate | 213 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

I'm not entirely sure why you're bothering with a revocable living self-trust, since for most purposes that doesn't accomplish anything.

I'd recommend getting the bank's permission in writing, before deeding the property to this trust -- or any other trust or similar entity.  Most mortgages have what is called a "due on sale clause," which you don't want to trigger unless you're prepared to refinance.

Barry H. Herlihy / Herlihy & Herlihy, Inc. Answered 2 years ago | Contributor This attorney is licensed in California

As an estate planner, I congratulate you on having the foresight to establish a revocable trust and transfer title to your real property to the trust. Unless the house is worth less than $20,000 (which I doubt) or you hold title in joint tenancy or as community property with right of survivorship with someone else (which I do not often recommend be done for reasons too complicated to discuss here), title can only be conveyed on your death by an order of the probate court.

As you probably know, probating an estate is both time consuming and relatively expensive--much more so than establishing, maintaining and administering a revocable trust.

BB is spot on when he recommends contacting the lender before you transfer title to the trust. Commonly in California there is no due on sale issue and the lender won't object to what you propose to do--but better safe than sorry.

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