Posted by Tiffany Harms on 11/2/12 12:11pm
Msg #441836

Title - living trust

Hello I am a newbie and I got a call today for a daughter who wants to be added to her mom's mobile home. In case anything happens with her she doesn't want it to not be given to her daughter. The mom and dad is on title but the dad passed away. What documentation will she need to get for me to notarize she called because she doesn't even know where to start to get this done.. please help as this will help me in the future and we are from CA if that helps.

Reply by Stephanie Santiago on 11/2/12 12:19pm
Msg #441838

Have a lawyer consulted to draw up the docs....

Once the documents have been drawn up, as a Notary Public, you will be able to notarize the signature.
It is up to an attorney/lawyer to draw up the documents required.
As a notary public you can notarize the signature on the document.
Since we are not attorneys we are not allowed to suggest what docs need to be executed.
Direct the daughter to a lawyer.

Stephanie

Reply by GOLDGIRL/CA on 11/2/12 12:45pm
Msg #441848

Does the mom already have a trust? Then she should talk to the lawyer who set it up.

If not, does she still have a mortgage on the mobile home? Then she should talk to the lender about adding the daughter to title, as well as removing her husband from title. She could also call the title/escrow company who did the original escrow and see what they recommend.

Or they could do it on their own. Get a grant deed form off the internet putting her on title and an Affidavit of Death of a Joint Tenant form removing the husband and take those to the county recorder's office. However, I wouldn't recommend you as a notary directing them to do that. Actually, I wouldn't know how to properly accamplish any of this. These are just starting suggestions.

Reply by Tiffany Harms on 11/2/12 12:48pm
Msg #441849

Thank you everyone. Your comments are appericiated.

Reply by JanetK_CA on 11/3/12 4:52pm
Msg #442015

One more thing... There may be significant tax implications for the daughter if she is just added to title. Lots of people see this as a way of getting around having to worry about a Will or Living Trust, but an attorney might tell them that that's not the best way to accomplish what they want. (And I am NOT an attorney, so this is just stuff I've heard, not legal advice, of course.) Probably is probably that they are trying to keep expenses down.

I suppose they might try to check with the County Recorder's office, since what they're trying to do would involve recording a new Deed of some sort. Or maybe one of our members here who is also a CPA (or attorney) could add some perspective. Of course, that would be just for our personal information because, as non-attorneys, we can't offer advice.