Estate Law Questions? Ask an Estate Lawyer.
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Was the property actually in a trust when husband passed or was it still in his name?
Are you saying that the attorney never filed a probate case to settle the estate, he just submitted the will to probate?
What is your legal question I can help with tonight?
Ok, it sounds like the transfer to the trust was not legally valid because there would have to be an executor appointed by the local probate court judge after opening a probate case for him to have the legal authority to transfer the property out of husband's name. So what you have here is an invalid deed because the attorney had no legal authority to transfer it.
With that said, that would be malpractice on the part of the attorney and would give you grounds to file suit against him for the cost of clearing this all up. Even though this happened years ago, you can ask that the statute of limitations be tolled on the malpractice claim since you only recently became aware of his improper actions.
The estate would have to be formally opened and an executor appointed to settle it and properly execute the deeds over to the trust by having new deeds prepared and a judicial order declaring the old deeds void.
This wouldn't be any type of loan fraud on your part because you were acting under the legitimate assumption that you (or the trust) was the legal owner of the property when it was mortgaged.