What to do if my dad has passed away last year and he had a trust in which I am the trustee?

The house he lived in was owned under the title of his trust (50%) and his wife’s (my stepmom) trust (50%). My stepmom now wants to sell the property and I would like to buy her half of the property, paying her cash. Can we just do a quit claim deed to transfer ownership? Is there anything else we need to be concerned about?

Asked on January 9, 2013 under Estate Planning, California


Victor Waid / Law Office of Victor Waid

Answered 7 years ago | Contributor

Yes you can buy your stepmom out; however, the best way to obtain clear title is to take the property and sale through an escrow with title insurance; this gives you clear title for purpose of future sale or as security for a loan.

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