After a spouse or parent passes away, there are inevitable questions about how to handle assets held in a trust. Here with some "Ask the Experts" advice is estate planning attorney Robin Bevier of Gold River.

To see more of her advice or to ask your own questions of our other local experts on taxes, investments and personal finances, go to: www.sacbee.com/ask.

My husband died unexpectedly recently. He didn't leave a will, but we own our condo and don't have any debt. Do I need to find a lawyer to help transfer the title of our condo to my name only? Are there other important questions I need to ask? What lawyer or legal services are available in Sacramento? Thank you for your help.

I am sorry for the loss of your husband. In this difficult time, remember that there really are no immediate time deadlines to worry about.

As to the condo's title transfer, if the title is held between you and your husband "as joint tenants" or "joint tenancy with right of survivorship," you merely record with the county recorder an Affidavit of Death of Joint Tenant. This affidavit references the original deed and you will need to attach a certified death certificate.

If title is held as "community property with right of survivorship," you would file a similar affidavit. If title is held as "community property," then you will need to proceed with a court process known as a "spousal property petition" to clear title. This third option may require you to seek legal assistance.

As far as finding a qualified and experienced attorney, your local county bar association or the State Bar of California (www.calbar.ca.gov or call (866) 442-2529) will have a list of attorneys who practice estate planning law.

I am the successor trustee to my late mother's trust, which consists solely of stock and brokerage accounts. There is no real property. If I want to terminate this trust, must I sell the securities or can I simply transfer them to an account outside the trust? If I transfer them, is it a taxable event?

As the successor trustee, you must follow the provisions of the trust regarding the distribution of its assets.

Unless the trust specifically requires you to sell the stocks and liquidate the brokerage account, I recommend that you do not do so. Rather, I would make arrangements to transfer these investments to the respective accounts of the beneficiaries. The transfer of assets to the beneficiaries is not a taxable event.

Of course, before you make any distributions, make sure that your mother's debts and expenses are paid.

– Compiled by Claudia Buck

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