I need some advice on this deal. Please help.
The property is in a trust ( I think). The trustee delivers the property as stated in the trust. The trustee passed away. There is a two successor trustees. Also, the Trust says: If something happens to first trustee or she steps down as trustee – then the second successor trustee shall step in automatically.
I conducted some additional research into the property and discovered that a Grant Deed was allegedly executed/notarized by the Power of Attorney on January 30, 2016 but was NEVER recorded until February 22, 2017. However, Trustee passed away on February 25, 2016. Therefore it is my personal opinion that since the property was NOT formally transferred into the trust (recorded) then it is NOT part of the trust. The research that I conducted substantiates my findings.
In any event, it appears that the daughter of the Trustee is in fact the sole heir and would inherit the property (whether it be via the trust, or through probate).
My question is: who should sign a deed to transfer the ownership to us?
In my opinion, that should be the first trustee, or just in case, maybe both. They are both willing to sign.
But the person who we hire to help us with some legal staff in California, he said that “he thinks if should be a daughter of the Trustee. And he thinks that the property is not in a Trust.
For me it just doesn’t make ant sense…..
I called the county and looks like the parcel is owned by the Trust. In that case, do I need to record an affidavit of death of trustee and consent to act as successor trustee prepared, signed and recorded. Then the transfer deed?
Thank you in advance :_)
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