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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2983
Experience:  Litigation Attorney with education focus on estate planning and tax
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Sister was executor to parents estate. dad passed first I

Customer Question

sister was executor to parents estate. dad passed first I believe sister had mom turn her will into a living trust. I cannot find the deed to parents house at the county property records, what should I look for to find deed. House was joint tenancy with rights to survivorship, never transferred to father, bypassed probate. Sister then put her name on moms account, I think she put it on the house and transferred to trust. What can I do? Is this legal?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

First, I'm sorry for your loss. If the house was held in joint tenancy with a right of survivorship between your mother and father and your father passed away first, then the property would have passed to your mother 100%. The asset would have passed outside of probate as you said to your mother. If you mother then formed a trust and passed assets into this, then these assets too would pass outside of probate. If the house was transferred to the trust then the deed would be held in the name of the trust. Trusts do not have to be filed with the court but you as the beneficiary can request a copy of the trust from your sister who I assume is the trustee. You can also request an accounting that should show you the assets held in the trust. This is legal and is a commonly used way to avoid probate. If your sister is not following the language of the trust and is placing trust assets into her name personally then she could be breaching her fiduciary duty and you could have a cause of action against her or the trust. This is quite complicated and you should think about retaining an attorney that specializes in trusts. You can search for an attorney in your area on a couple of sites that both show reviews and will help you find the right attorney for you. and I have found to be pretty reliable.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

Expert:  Christopher B, Esq replied 1 year ago.

I see you reviewed my answer, please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic. I want you to be satisfied so I will continue to answer any questions you may have and I thank you in advance for completing this extra step as it will not cost you any additional money.

Expert:  Christopher B, Esq replied 1 year ago.

Any chance for a positive rating?