Estate Law Questions? Ask an Estate Lawyer.
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Is the house titled to a trust?
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.
If it is titled in the son's name and not the trust, then it is his to do with as he pleases.
Yes, is it in the son's name? You mentioned a living trust. Is it still titled to the trust?
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.
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If the house was titled to the trust then it is not part of the estate.