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Question

My widowed sister recently died and has no children or living parents. Her husband had a trust we're trying to track down. (Their affairs are in a mess). Her house and another piece of real estate are in her name alone and her IRAs have no designated beneficiary. Doesn't the title of the real estate and the savings mean that they are not part of the trust? That they need to be probated if they're worth more than $100,000?

Submitted: 410 days and 17 hours ago.
Category: Estate Law
Value: $15
Status: CLOSED
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Los Angeles, California

Already Tried:
Dated a year after her husband's death, their house was shown in her name only, so I'm thinking it had been held in joint tenancy or she inherited it through his trust. Just curious how much weight the title of a piece of property has. Isn't a spill-over will in case an asset isn't held in the name of the trust (i.e. it isn't part of the trust?).

Accepted Answer

Dear XXXXXX - If the deed is in her name then it is definitely owned by her. The deed is the evidence of ownership of real estate so it would have to indicate that it was owned by a trust or, more commonly, a trustee. Whatever is in her name should go through probate and be divided, after debts are paid, to the heirs through the laws of intestate succession.

 

David Kennett - JD - Attorney at Law

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Expert: David Kennett
Pos. Feedback: 100.0 %
Accepts: 
Answered: 10/8/2008

Attorney

25 years practicing attorney

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