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Ask VanDLaw Your Own Question
VanDLaw, Attorney
Category: Estate Law
Satisfied Customers: 833
Experience:  Wills, Trusts, Probate, Inheritance Issues
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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: 8 years ago.
Category: Estate Law
Expert:  VanDLaw replied 8 years ago.



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 and 5 other Estate Law Specialists are ready to help you
Customer: replied 8 years ago.
Thank you. I failed to mention that I AM the trustee of the "Bomar (my name) Family Trust".
Expert:  VanDLaw replied 8 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 8 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 8 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.




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.