Happy Hills

 Client Charlie owns and lives in a condo in Happy Hills, a gated community. He is a widower, with three adult children. He has a Revocable Living Trust, which benefits his children.
He has provided his Home Owners Association with a guest list, people who he authorizes to be admitted to the premises.
Recently, his community published a new regulation: At his death, his guest list dies. His Successor Trustee must then sign a Trust Certification, before a notary. Once this document is registered with the HOA, the Successor Trustee may establish a new guest list. Until the Trust Certification is signed and registered, no one will be admitted to the gated community or the condo, except to remove the Trust and Will, burial clothing for the decedent and any pets in the condo.
This is a bit of a nuisance, but it could be even worse: If Charlie had no Trust at his death, his personal representative would have to commence probate proceedings and obtain a certified copy of Letters Testamentary or Letters of Administration. This could take several months. Upon presentation of such Letters to the HOA, his personal representative would then be admitted to the premises and could make a new guest list.
In the meantime, what could the family do with the condo? Not much. The HOA doesn’t want the liability of granting access to the wrong person(s), who might remove Charlie’s assets.
Jerry Kessler practices law in Santa Clarita. You may call him at 661-255-1001.