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I have a trust and/or probate question. If a grantor places…

Customer Question
I have a trust...

I have a trust and/or probate question. If a grantor places all his real property in trust except for one, does the property left ouit of the trust have to be probated upon the grantor's deat?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Florida. Also, if the grantor and his wife previously quitclaimed that same property to his daughter and himself, upon his death does the property revert to the daughter? There is no language referencing tenancy by the entirety in the quit claim deed. Does she have to probate that property?

Lawyer's Assistant: What documents or supporting evidence do you have?

The quit claim deed from 1996.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Essentially, we want to know if the daughter gets the property by right of survivorship, even though there is no language referencing tenancy by the entirety in the quit claim deed, or will it have to go through probate. One last question, does the entire estate - even what was in the trust - or just the property that was left out of the trust?

Submitted: 7 months ago.Category: Estate Law
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Answered in 1 minute by:
11/21/2017
Estate Lawyer: Barrister, Attorney replied 7 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,528
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
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Estate Lawyer: Barrister, Attorney replied 7 months ago

If a grantor places all his real property in trust except for one, does the property left ouit of the trust have to be probated upon the grantor's deat?

.

Yes, because that property would go into the estate and would have to go through probate to settle the estate if it wasn't deeded into the trust prior to their death.

.

The property would then descend according to their will or under default state intestate law if they had no will.

.

Also, if the grantor and his wife previously quitclaimed that same property to his daughter and himself, upon his death does the property revert to the daughter?

.

That depends on whether it was done as "joint tenants with right of survivorship" or not.. If it was, then upon his death daughter becomes sole owner. If the deed is silent, the presumption is that it is a tenant in common and his estate owns 50% and the daughter owns 50% so it would have to go through probate.

.

One last question, does the entire estate - even what was in the trust - or just the property that was left out of the trust?

.

No, just the assets that were outside the trust go through probate.

.

.

thanks

Barrister

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