A married couple serves as co-trustees of their own revocable living trust. Their trust document names their adult child as successor trustee. If both spouses become simultaneously incapacitated, who has legal authority to manage the trust property?
Correct Answer
A) The successor trustee named in the trust document, who steps in automatically without court involvement
Under California Probate Code §15600 et seq., a revocable living trust may designate a successor trustee who assumes management authority automatically upon the incapacity or death of the original trustees. This is one of the central advantages of a trust over a will — it enables seamless, private management of assets without requiring court intervention or a conservatorship proceeding.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Property Ownership Land Use Controls Question
Background Knowledge for Property Ownership Land Use Controls
Real World Application in Property Ownership Land Use Controls
Common Mistakes to Avoid on Property Ownership Land Use Controls Questions
Related Topics & Key Terms
Key Terms:
Related Concepts
An easement is a legal right to use another person's land for a specific purpose without owning it. It is a nonpossessory interest in real property that typically runs with the land.
An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.
An easement by prescription is acquired through continuous, open, notorious, hostile, and uninterrupted use of another's land for a statutory period. It is similar to adverse possession but grants use rights, not ownership.
More Property Ownership Land Use Controls Questions
The highest form of property ownership in the United States is:
Fee simple is all of the following EXCEPT
The largest estate or ownership in real prop- erty is
In real estate, the term improvements most nearly means
In a physical sense, real estate may be said to include everything EXCEPT
- → All of the following real estate types can be depreciated, except:
- → Which of these is a direct building cost?
- → A man died without a will and with no sur- viving relatives. His four-acre farm will
- → Items that are affixed as appurtenances to land are usually real property. Which of these items is NOT real property?
- → A man dies testate, leaving a wife and minor son. He leaves all of his property to his son. His wife claims her elective share under the Uniform Probate Code. How will the man’s property be distributed?
- → When a person dies testate, her real property will
- → The rights to the space above the ground within vertical planes are BEST described as
- → All of the following are soil conditions, except:
- → The maker of a negotiable instrument is able to defend against a holder in due course in the event of:
- → While appraising a single family residence (SFR), an appraiser observes cracks in the walls and floor. In response, the appraiser best recommends which of the following?
People Also Study
Buyer Representation Agreement
8% of exam
Property Ownership
10% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam
Related Articles
Property Flyer Generator — 2026 Guide for U.S. Agents: Step-by-Step + Best Practices
Learn how Property Flyer Generator works and how U.S. real estate agents use it in 2026. Includes setup steps, practical examples, and best-practice tips.
Real Estate Exam Property Ownership & Title (2026): Deeds, Liens, Encumbrances + Practice Questions
Understand deeds, liens, encumbrances, and ownership types with exam-style practice questions and traps.
Property Landing Page — 2026 U.S. Agent Guide: Setup, Use Cases & Pro Tips
Learn how Property Landing Page works and how U.S. real estate agents use it in 2026. Includes setup steps, practical examples, and best-practice tips.