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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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My mother had a living trust before passing in 2010. She left

Customer Question

My mother had a living trust before passing in 2010. She left real estate that was free and clear.. In her will this property had 3 names on it. my name 1st and 2 other names after mine. In the will it does not state anything has to be equally share or property need to sold and profits split.. All the taxes and the property is in my name. My questions is in the trust when it has just 3 names mine being 1st mean that I control what happens with the property and if something happen to me then everything goes the 2nd person and so on.. Or since the name are in the trust I had to split the profit from the sale of the house.. I've since sold the property and everything was in my name only
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
It depends exclusively on the language. If names are listed "A", "B", and "C", then each party has a 'proportionate' interest in the property, meaning each has 1/3 ownership. On the other hand if the language states something akin to: "First to 'A', then to 'B' and 'C'" then A owns all of it until the condition exists that requires a transfer to B and/or to C. But having a name first does not in any way confer any sort of special rights, it is just the first name listed. Hence, if the property is sold, all equally share in the profits.
Sincerely,
Dimitry, Esq.

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