Trusts & Estates Law/Successor Trustee and quitclaim deed
First of all, thank you for taking my question. My father recently passed and left me to be successor trustee. We are from California. I have already filed the Affidavit of Death of Trustee and the PCOR for two real properties located in Orange County. These properties are free of any mortgages or lien. I am now ready to distribute these properties: 1 to my stepmom and the other to my brother. I understand that I can use a quit claim deed to transfer the properties. What I am confused about is the wording found on all the quitclaim samples that I have obtained from different sources. Since these properties are being inherited, the wording "For valuable consideration..." doesn't seem to apply. However, if I take these wordings out, it appears to be a gift with tax filing implications. Can you provide me with some clarification? Thank you!
The "for valuable consideration" language is legally irrelevant. You can keep or omit it. Technically though, it is a gift. The beneficiary never exchanged any consideration for the inheritance.
I would definitely consult with an attorney before you file the deed. A few hundred dollars is worth the avoidance of an expensive legal headache down the line. I would be happy to assist with this matter.