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Ask Barrister Your Own Question
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35297
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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If a warranty deed is written by a property owner as part of

Customer Question

If a warranty deed is written by a property owner as part of a trust by a wife who is married and a succesor trustee is named, does a husband automatically own said property, or does successor trustee own the property?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is Barrister and I will try my level best to help with your situation or get you to someone who can..Are you saying that the wife transferred real estate into a trust?.If so, did wife own the property in her sole name?.Is the property still in the trust or has it been transferred out of it?..thanksBarrister
Customer: replied 1 year ago.
Property was owned by wife and was transferred into a new trust when she passed
Expert:  Barrister replied 1 year ago.
Ok, when property that is owned by someone is placed into a trust, it is the trust that actually owns the property, not the trustee or someone else. A trust is a legal entity that owns any assets in it for the benefit of any named beneficiaries. The trustee acts as the agent for the trust in accomplishing its goals and directives..So to answer your question directly, neither the spouse nor the trustee owns the real estate, the trust owns it if it was transferred into the trust upon the wife's passing...thanksBarrister
Customer: replied 1 year ago.
Can I send you a copy of the warranty deed, to insure I'm asking the question correctly?
Expert:  Barrister replied 1 year ago.
If you can upload it to the site, I can take a look and see exactly what was done with the transfer....thanksBarrister
Customer: replied 1 year ago.
I'm trying to figure it out.
Customer: replied 1 year ago.
Did you receive the file?
Expert:  Barrister replied 1 year ago.
Yes, give me a minute or two to take a look.
Expert:  Barrister replied 1 year ago.
Ok, it looks like the wife conveyed the property into the trust with both herself and husband named as trustees of the trust..So the trust owns it and husband would be the trustee in control of the trust if wife has passed...thanksBarrister
Customer: replied 1 year ago.
Ok, so he can change the trustee and quitclaim it to himself?
Customer: replied 1 year ago.
Just seemed wrong to go against someone's wishes. Thank you you've been very helpful!
Expert:  Barrister replied 1 year ago.
Was he one of the original makers of the trust?.What does the trust state about who is a beneficiary of the trust?
Customer: replied 1 year ago.
He did not sign the warranty deed, only my mom. I was listed as successor trustee.
Expert:  Barrister replied 1 year ago.
Was he one of the original makers of the trust along with mother?.Who are the beneficiaries of the trust?.Did mother own this property solely in her name prior to transferring it into the trust?
Customer: replied 1 year ago.
I don't know. I only know what the document I sent says. Yes I believe property was only in my mom's name. My concern is he is dying, I'm taking care of him and saw he made a new trust adding my step brother as co-trustee to this property, that's not ok with me, my mom owned it before they were married.
Expert:  Barrister replied 1 year ago.
Ok, if she owned the property solely, then she can transfer it into the trust without husband's signature as it is her separate property..But unless the trust makes the husband the sole beneficiary, then he would be obligated to follow the terms of the trust and distribute the trust assets to the named beneficiaries..So if you had a copy of the trust to see who are the beneficiaries, then it could be determined whether this was allowed or not..If he was the only beneficiary, then since he was trustee as well, he could transfer the property out of the trust directly to himself. But if there were more beneficiaries, then this would not be allowed unless specifically stated in the trust..As for him making a new trust, there is nothing that would legally prevent him from making a new trust and funding it with any assets that he owned and naming whatever trustees he wanted...thanksBarrister
Customer: replied 1 year ago.
Ok I will hunt down the trust. Thank you!
Expert:  Barrister replied 1 year ago.
You are very welcome. The trust controls what happens to assets in it, so that will be the determining factor as to whether what he did was allowed or not..If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me...thanks muchBarrister

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