I my parents home has been placed in their living revocable Trust, can half of it be willed while still in the Trust?

The property is deeded as community property; it does not specify “with right of survivorship”. Since the home has been placed in Trust, can one parent bequeath their half of the property without first removing the home from the Trust?

Asked on November 8, 2014 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If it is a Community Property Grant deed then it comes with rights of survivorship so if one of your parents wishes to give away his or her half to you, they should speak with a lawyer asap.  It is likely not possible whether it was in or out of a Trust.  The trust is just more of an obstacle for you.  Good luck.

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