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I am the sole heir for my mother's estate, the Executor for

I am the sole heir...
I am the sole heir for my mother's estate, the Executor for her will, and the Trustee for the Trust her estate is in. The main item in the Estate is a Co-Op apartment. Because the Trust means there will be no Probate process, I thought that -- to move into the apartment -- I could just go to the Co-Op Board, show them her death certificate, my financial information, etc. -- and with a little help from a lawyer -- be through with their procedure just as soon as the Co-Op Board could okay everything. However I was told by a lawyer that before I can move in, I have to wait for two separate processes (along the lines of): 1)the Estate legally being acknowledged as being in the Trust and 2) the Estate legally being acknowledged as my inheritance, and that the two processes could take at least two months and up to nine. What do you think? Is it possible I could move into the apt. while the two items above are "in process"?
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Answered in 1 hour by:
10/1/2017
jb156200
jb156200, Attorney
Category: Estate Law
Satisfied Customers: 491
Experience: I am a Probate Attorney practicing in Tampa, Florida.
Verified

Hello. My name is ***** ***** I am a licensed estate attorney. I hope I may be of assistance with your question. Your attorney is correct that this is a two step process. First if the co-op is in your mother's sole name, that means it is an asset of the estate. That means it must go through probate administration before being transferred to the trust. Once the property is transferred to the trust, then you may inherit it from the trust.

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Technically you may not legally own the co-op for several months while the administration is taking place; however, you may request permission to occupy the property in your legal capacity as executor and trustee. This is common because people want to maintain the property and not simply leave it vacant.

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Your attorney should contact the co-op board and request permission for occupation.

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Please let me know if you need clarification of the information provided or if you have an additional question. Please remember to rate my answer. Thank you!

jb156200
jb156200, Attorney
Category: Estate Law
Satisfied Customers: 491
Experience: I am a Probate Attorney practicing in Tampa, Florida.
Verified
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jb156200
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Category: Estate Law
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