Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. Ray here to help you today.
Here the Trust is unfunded since the property was directly deeded to the three kids.It is not part of the trust if it was not transferred into the trust, the trust is unfunded in that sense.The three kids if they are the title holders by deed are the owners of the property.
The estate of deceased brother could challenge the deed in a suit to quiet title here claiming undue influence, etc in such a suit.Even if filed it might be real hard for them to prevail unless they have real evidence.Utah requires the parties filing suit to prove this wasn't just an intervivos gift which it appears to be.Again it would be hard to prevail in such a suit because there were two parents here and they would have to show both were incompetent or didn't understand what they ere doing.Thats a real uphill fight here.
The three kids here are the legal owners unless a court says otherwise.Three kids are free to sell the property today since it is recorded into their names.
I appreciate the chance to help you today.Thanks again.
I appreciate the chance to help you today.If you can leave a positive rating when we are done it is always much appreciated.