Protect your beneficiaries by avoiding a common mistake made when refinancing a mortgage. California probate attorneys at The Grossman Law Firm fill you in.

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Probate and Trust Administration

1/17/2012
Scott Grossman
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Refinancing Can Complicate the Execution of Your California Estate

No matter how thorough and unambiguous the language may seem now, you’ll want to regularly review your San Diego estate plan. One of the major reasons is because seemingly unrelated changes can impact the execution of your estate in significant ways. Think about this: refinancing your mortgage can potentially cause problems with the execution of your estate. 

It’s standard protocol for lenders to require that the title of your house is in your name during refinancing. If you’ve placed your home in a trust while building an estate plan, then you’ll need to transfer it out of the trust and back into your name for the duration of refinancing. After the refinance is complete, it isn’t uncommon for people to forget to convey the house back into the trust. 

If the house hasn’t been transferred back into the trust before you die, then the house will need to go through California probate. This will cost your beneficiaries legal fees and lengthy waiting periods before they can have the house titled to them, which is something you were trying to avoid in creating an estate plan in the first place.

If you’ve had recent life changes that might impact your estate plan, talk to the California trust lawyers at The Grossman Law Firm. We offer estate planning, probate, and trust administration to San Diego and outlying areas. Get a free, 30-minute consultation with one of our lawyers by calling (951) 683-3704 or (888)443-6590, or use our online contact form today.

Also, be sure to request Scott Grossman’s must-read FREE book The Insider’s Guide to California Probate and Trust Administration.



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