How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask VanDLaw Your Own Question

VanDLaw
VanDLaw, Attorney
Category: Estate Law
Satisfied Customers: 833
Experience:  Wills, Trusts, Probate, Inheritance Issues
10801190
Type Your Estate Law Question Here...
VanDLaw is online now
A new question is answered every 9 seconds

I have inherited some property from my deceased wife via a

Resolved Question:

I have inherited some property from my deceased wife via a living family trust. This property is co owned with Her two brothers, and is located in another state. How do I go about getting my name put on the deeds?
Submitted: 5 years ago.
Category: Estate Law
Expert:  VanDLaw replied 5 years ago.

HelloCustomer

 

I will be happy to assist you. Your name will not be put on any deeds directly, you as a beneficiary do not own the property, the Trust, as an entity, owns the property. If you look at the property appraisers website for the property they will most likely have it recorded in the name of the Trust with the name of the Trustee. The Trustee controls the property for the benefit of the beneficiaries. When the Trust terminates your name would go on the deed as a tenant in common with the brothers.

 

I would contact the Trustee of the Living Trust and see what is required in the State the property resides to be listed as a beneificary and recieve accountings and notices regarding the Trust.

VanDLaw, Attorney
Category: Estate Law
Satisfied Customers: 833
Experience: Wills, Trusts, Probate, Inheritance Issues
VanDLaw and 8 other Estate Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you. I failed to mention that I AM the trustee of the "Bomar (my name) Family Trust".
Expert:  VanDLaw replied 5 years ago.
Oh OK!! Well that makes a big difference. So this was a Living Trust? Was your wife the Grantor and you are her beneficiary? How did you become the Trustee? Was there Probate opened for your Wife? Thanks.
Customer: replied 5 years ago.
Yes, it was a living trust and my wife was the grantor and I am the beneficiary. I became the Trustee when She passed away. As I understand it, had I passed away before Her, SHE would have been the trustee of the "Bomar Family Trust". This property was given to her and her "Sibs" by their father long before he passed away. As far as I know, no probate was opened. I understood that probate was not needed if we had a "Living Trust". The property is in three seperate locations in New Mexico. I have a copy of a "Quit Claim Deed" for one of them. Thanks
Expert:  VanDLaw replied 5 years ago.

Ok Thanks. You can transfer the title to "the John Doe as Trustee for the the Bomar Family Trust" if it is still to be held in Trust. If it is outright to you and you own it now jointly with the brothers, it will be in your name with the other owners. You need to bring a copy of the Trust document to the recorders office where the property is located and they may have you fill out a Real Estate Transfer Document. I have found one for you, but its date is rev. 2004, so there may be an updated one, but the process is the same. If you read it states that if you are a Trustee transfering property paragraph A is not applicable. Again, try and find an updated form. Also, you can go to the recorders websites where the land is, and give them a call to inquire as to their specific procedures. You will not have to get court authorization to do any of this, as that is one of the benefits of a living Trust.

 

http://www.bernco.gov/upload/images/assessor/real_property_affadavit.pdf

 

 

 

You do not need to open Probate if all of your Wife's assets were in the Trust or jointly owned with you or someone else, if she does have property that was not funded into the Trust you will have to open Probate for her Estate. You will also have a duty to administer the Trust and make sure all claims and debts are paid, if there are any.

 

The Quit Claim Deed needs to be recorded as well, in the county where the property sits.

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.
 
 
 

Related Estate Law Questions

Chat Now With An Estate Lawyer
VanDLaw
VanDLaw
319 Satisfied Customers
Wills, Trusts, Probate, Inheritance Issues