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Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 34475
Experience:  30 years experience in the practice of estate law.
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My grandmother's only asset was her home. her living trust

Customer Question

my grandmother's only asset was her home. her living trust says when she died one of her sons was able to live in the house. and if he chose not to live in it the house was to be sold and split between her 5 children. some how over the years the house wound up in that sons name. now out of the 5 children he is the only still alive. but her grandchildren think they will get their parents part when that son dies. the only problem is, that son wants to leave the house to his children who gave up their home to go live with him and take care of him. is that legal.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Loren replied 2 years ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 2 years ago.

Is the house titled to a trust?

Customer: replied 2 years ago.
I don't know, how would I know
Expert:  Loren replied 2 years ago.

You would need to run a title search or check with the county recorder. If it is titled to to the trust then the trust agreement would control its disposition. It would not be a part of the son's estate.

Customer: replied 2 years ago.
what
Expert:  Loren replied 2 years ago.

If it is titled in the son's name and not the trust, then it is his to do with as he pleases.

Customer: replied 2 years ago.
what do you mean by a trust? do you mean is the house in the son's name?
Expert:  Loren replied 2 years ago.

Yes, is it in the son's name? You mentioned a living trust. Is it still titled to the trust?

Customer: replied 2 years ago.
im looking now to see if I can find answers for you
Expert:  Loren replied 2 years ago.

Yes, if it is in the trust name then that controls. If it is in the son's name then he can leave it to whomever he wants.

Expert:  Loren replied 2 years ago.

Did you have further questions? Have I answered your question?

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited for assisting you. A bonus is not required, but is always appreciated.

Customer: replied 2 years ago.
evidently the oldest son was made executor of her will on june 18, 1993. and was granted authority by order of the court to administer the estate without court supervision.
Expert:  Loren replied 2 years ago.

If the house was titled to the trust then it is not part of the estate.

Expert:  Loren replied 2 years ago.

Did you have further questions? Have I answered your question?

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited for assisting you. A bonus is not required, but is always appreciated.