Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

I have inherited some property from my deceased wife via a

Customer Question
living family trust. This property...
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
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 10 minutes by:
6/5/2009
Estate Lawyer: VanDLaw, Attorney replied 8 years ago
VanDLaw
VanDLaw, Attorney
Category: Estate Law
Satisfied Customers: 833
Experience: Wills, Trusts, Probate, Inheritance Issues
Verified

HelloCustomer

 

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
VanDLaw, Attorney
Category: Estate Law
Satisfied Customers: 833
Experience: Wills, Trusts, Probate, Inheritance Issues
Verified
VanDLaw and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago
Thank you. I failed to mention that I AM the trustee of the "Bomar (my name) Family Trust".
Estate Lawyer: VanDLaw, Attorney 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.
Ask Your Own Estate Law Question
Customer reply 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
Estate Lawyer: VanDLaw, Attorney 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.

 

http://www.bernco.gov/upload/images/assessor/real_property_affadavit.pdf

 

 

 

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.

 

Ask Your Own Estate Law Question
Ask VanDLaw Your Own Question
VanDLaw
VanDLaw
VanDLaw, Attorney
Category: Estate Law
Satisfied Customers: 833
833 Satisfied Customers
Experience: Wills, Trusts, Probate, Inheritance Issues

VanDLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
We are in probate in Idaho over my late husbands estate.
We are in probate in Idaho over my late husbands estate. According to his will have goes to me and half to his children. His son is the PR.My question is this:What debts should be paid by the estate? … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding what my options are to deal with an attorney and personal representative that are not … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
Are you familiar with estate (possible probate) laws in NY
HI there! Are you familiar with estate (possible probate) laws in NY state? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,157 satisfied customers
If a person dies and they have a living trust and will but
If a person dies and they have a living trust and will but family had them create a new will does that void the living trust? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can a US living trust be voided now since moving to canada.
Can a US living trust be voided now since moving to canada. What to leave estate by deeded gifts here in canada … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
I am a trustee of a living trust as my mother just passed
I am a trustee of a living trust as my mother just passed away. I met with the Estate Law attorney who prepared my parents living trust yesterday and felt comfortable with their knowledge and 30+ year… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
996 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding the annual accounting. The personal representative was appointed in August of 2016 and… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
When considering the value of an estate in probate, is the
When considering the value of an estate in probate, is the value of the non-probate inventory added?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
I am selling a home. The probate for my moms estate closed
I am selling a home. The probate for my moms estate closed over two years ago … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Do all assets of a estate freeze once probate has begun?
Do all assets of a estate freeze once probate has begun?What happens when a creditor and debtor can not settle a debt in probate? Does a judge ultimately decide?… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
My father-in-law was the beneficiary of a living trust by
My father-in-law was the beneficiary of a living trust by his sister in 2004. In 2009, he passed away and my husband is his sole beneficiary. We are trying to get a copy of this trust so that we can s… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I am an heir in an estate that is being probated in the
I am an heir in an estate that is being probated in the state of Oregon under the laws of intestate. The personal representative is now saying she wants to close out the estate and make the distributi… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers
My mothers estate is in probate court, due for a final
hello pearl, my mothers estate is in probate court, due for a final motion to end, i believe my brother and sisters are trying to eliminate me from her assets. I have been homeless for about 2 years, … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
For a probate estate in Pennsylvania in which (1) there is a
For a probate estate in Pennsylvania in which (1) there is a will and (2) the executor is the sole heir with authority to sell the property, does the executor need to petition the Court for approval t… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers
While going through living trust, probate, can sn attorney
While going through living trust, probate, can sn attorney 'hold' in reserve money from a living trust?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,032 satisfied customers
I need an Oregon Estate/Probate to clarify if there is any
I need an Oregon Estate/Probate to clarify if there is any difference when it comes to compelling the Trustee to pay beneficiaries according to the instructions in the trust. I have already had the ve… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
Dealing with initiating a probate case for my fathers estate
dealing with initiating a probate case for my fathers estate valued at less than 70,000 … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
Family estate; not probated: Parents- Father & Mother is
Family estate; not probated: Parents- Father & Mother is dead; oldest son dies after parents; all siblings has died; some siblings has children; oldest son wife dies after him, they have no offsprings… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x