Hi, my name is John T. Anderson. Welcome to my blog! I have been practicing law in California since 1975 and have been the Chairman of the Estate Planning and Probate Section of the Long Beach Bar Association since the mid-1980s. I'm also certified by the State Bar of California Board of Legal Specialization as a specialist in Estate Planning, Trust and Probate Law. On this blog, you will find articles written by me regarding estate planning and probate in California. Many of these articles address recent changes in the law and summaries of the Long Beach Bar Association’s Estate Planning and Probate Section meetings. I hope that you find these articles helpful. If you would like more information about me or my law office, please visit my website at or contact my office at 562.424.8619.

Friday, July 13, 2012

Most Common Estate Planning Mistake: Improper Vesting of Title
I get called upon to review many estate plans previously prepared by other attorneys. Other than some plans which are so ineptly prepared, the number one mistake I find is improper vesting of title so it will be an asset of the trust.

Here are a few guidelines to avoid this mistake:

1) The trust cannot hold title

2) Title should be in the name(s) of the trustee(s) of the trust pursuant to the terms of the trust.

3) The name(s) of the trustee(s) should be just as he/she/they are listed in the trust (full name, or middle initial, or …) and the name of the trust should be spelled out EXACTLY as it is set forth in the trust.

4) The deed and appropriate assessor forms must be sent to the Recorder.

                        John T. Anderson, Section Chair
                        Certified Specialist in Probate, Trust and Estate Planning
                        By the California State Bar Board of Legal Specialization

Copyright © 2012 by John T. Anderson
All articles by John T. Anderson may be copied for personal use, only. All articles or outlines from others may be used only with their personal authorization. Any approval is for personal use, only, and for non-commercial purposes.
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