Surviving Spouse of a Living Trust Files Affidavit Death of Trustee to Take Control of Real Property

The deceased spouse of a living trust must be removed as owner of real property on the public record. Removal allows the surviving spouse to be the sole signer to sell or transfer the real property and to be the sole borrower for loans and to take control of the real property.

The Affidavit Death of Trustee is a declaration, under oath, by the successor trustee/surviving spouse. The successor trustee/surviving spouse declares the other spouse has died and attaches a certified copy of the death certificate. The successor trustee/surviving spouse further declares he or she is authorized to take control of the real estate property according to the terms of the trust.

The affidavit is filed with the county recorder. It is now of public record the surviving spouse has the authority to take control. Typically in trusts created by husband and wife, the real property remains in trust and is under the control of the surviving spouse.

Cost to have an Affidavit Death of Trustee prepared and recorded is $149.

For more information or to place an order call Mark at 949-474-0961 or email to Mark@DeedAndRecord.com

Trust Administration on Death of First Spouse: Funding of Bypass Trust and Survivor’s Trust

Often a trust directs on the death of the first spouse the trust is to be divided into two separate trusts, a bypass trust and a survivor’s trust. The purpose of the two trusts is to preserve the deceased spouse’s exemption from the estate tax. The estate tax is often referred to as the death tax.

Deed and Record prepares the affidavit death of first spouse and the quit claim transfer deed; prepares and files required transfer tax exemptions and records the affidavit and deed with the proper government authority.

The affidavit is filed with the county recorder.  It is now of public record the surviving spouse has full and sole authority to take control of the real estate property.

The second step is to prepare and record a quit claim deed to fund the Bypass Trust and Survivor’s Trust. This step requires a division of all assets owned by husband and wife. A review of the trust document, notification to heirs of the creation of the Bypass trust and division of assets is required. The services of an attorney are required at this stage.

To schedule a consultation with Mark W. Bidwell, Attorney at Law, call 949-474-0961.