Estate Planning Attorney in Encino
A signed trust and a funded trust are not the same thing. Real estate is the asset owners most often leave outside their trust. An estate planning attorney in Encino reviews each property separately, because every parcel has its own deed and its own risks.
Consider an owner who lives in an Encino home, rents out a duplex, holds a fourplex through a limited liability company and owns a cabin in another state. Each property raises its own question, and several questions affect all four.
Gold Law is located in Camarillo and represents Encino property owners throughout the San Fernando Valley.
If you own more than one property and are unsure how each one is titled, call (805) 388-8800 to schedule an appointment with Gold Law. Please bring a copy of each deed and any operating agreement to the first meeting.
Where an Estate Planning Attorney in Encino Starts When One Owner Holds Several Properties
The answer for each parcel depends on how the recorded deed reads today, not on what the owner intended years ago. Gold Law's estate planning attorneys begin by obtaining every deed and comparing it with the trust.
Return to the Encino owner, who signed a trust in 2015 and believes it covers the home and the duplex. When the deeds arrive, both show the owner's individual name. Each property was refinanced after the trust was signed, and neither was deeded back into the trust. What was missing was a new deed after each loan closed.
Why a Loan Closing Can Leave a Home Titled Outside the Trust
Some lenders will close a new loan only when the borrowers hold title personally. The escrow paperwork then includes a deed that moves the property out of the trust before the loan records. That step is common, but the plan works only if a later deed returns the property to the trust. Checking title after every refinance or equity line identifies the gap early.
How Our Lawyers Read a Recorded Deed Before Recommending a Change
The attorney first reads the vesting language, the part of the deed that states who holds title and how. A deed may name an individual, a married couple holding community property, joint tenants or the trustee of a named trust. Each of those forms passes differently at death. The legal description identifies the exact parcel, and any new deed must repeat it correctly.
How an Encino Trust Attorney Funds the Duplex and Why Titling Controls the Result
Funding a trust means changing an asset's ownership so the trust holds it. For real estate, that requires a deed from you to yourself as trustee, recorded with the county. The deed, the insurance policy, the loan and the rental paperwork each need attention.
If the duplex was never deeded to the trust, it remains in the owner's individual name. Should the owner die, the trust would have no authority over the building. The family could then face probate, the court process that transfers a person's property after death, in Los Angeles County.
What Has to Be Recorded and What Gets Updated Separately
For a property in Los Angeles County, the deed into the trust is recorded with the county recorder and becomes part of the public record. Leases, rent collection accounts and property management agreements change without recording, but they may need to show the trustee as owner. Once the deed records, Gold Law confirms the recorded copy matches what was signed. Our living trust attorneys keep a record of each parcel for future reviews.
How Landlord Insurance and Lender Notice Fit Into Funding
A landlord insurance policy names the insured owner. After the transfer, ask your agent whether the trust or the trustee should be added to the policy. Lenders are the other party with a stake, and some loan documents require notice before any transfer of the property. Two federal rules explain why a lender's response can depend on the type of building involved.
How the Garn St Germain Act Treats Buildings With Fewer Than Five Units
A due on sale clause lets a lender demand full payment when the property is transferred. The Garn St Germain Act limits that option for loans on residential property with fewer than five dwelling units. Its protected transfers include a transfer into a living trust in which the borrower keeps a beneficial interest, provided the transfer does not also hand over the right to live in the property. A duplex or a fourplex falls inside the unit limit, while a building with five or more units does not.
Why an Owner Occupied Home and a Rental Can Get Different Answers
The federal regulation that carries out this rule is written around a home occupied or to be occupied by the borrower. A duplex the owner lives in may fit that language. A duplex rented entirely to tenants may not, so the attorney reviews the loan documents before recommending when to notify the lender.
Why Encino Landlords Ask Our Attorneys About a Fourplex Held in an LLC and a Trust
When a limited liability company owns a building, the owner holds a membership interest in the company, and the company holds the building. That distinction decides what the trust has to receive. Gold Law does not form companies, promise that any entity structure will protect you from liability or give tax advice on entity choices. Its role is to prepare the assignment that moves the membership interest into the trust.
What Encino Property Owners Should Ask a Lawyer About a Cabin or Rental in Another State
What Proposition 19 Means When Encino Parents Ask an Attorney About Leaving Several Properties to Their Children
Where an Encino Estate With Real Property Is Heard in Los Angeles County and How Our Lawyers File
Which Neighboring San Fernando Valley Cities Our Encino Estate Planning Lawyers Serve
Let an Estate Planning Attorney in Encino Check Every Deed You Own
Several properties mean several deeds, and each one has to point to the same plan. Gold Law reviews how every parcel is titled and explains what has to change. You leave with a list of the deeds, assignments and filings your plan still needs.
No attorney can promise a particular property tax result or guarantee that a property will stay out of court. What the firm can do is find the gaps while you are still able to fix them.
The office is located at 484 Mobil Avenue, Suite 26, Camarillo, CA 93010. Office hours are Monday through Thursday 9am to 5pm and Friday 9am to 1pm. To work with an estate planning attorney in Encino, call (805) 388-8800 or write to the firm and ask for a free consultation. The attorney can review your deeds with you at the office, by phone or on a video call. Marissa Garcia earned the Certified Specialist designation in Estate Planning, Trust and Probate Law through the State Bar of California Board of Legal Specialization.
Start a conversation
Tell us what you are planning for.
















