Thanks for your reply. You can ask a title company to check the chain of title for the property
for a very nominal fee and the title company will tell you the status of the current title. If the title never got transferred to the living trust, then the living trust has no applicability. In that event, if the title is held by them both as joint tenants with right of survivorship, then title automatically vested in her by her husband's death as the survivor. In this case, she needs to file an Affidavit of Death of Joint Tenant in the real property records of the city/county in which the property is located to evidence the death of her husband. If the title is held in their names as tenants in common, their names are XXXXX XXXXX on the deed, or the title is in the name of her husband alone, then the executor of his estate, presumably your aunt, needs to sign a quit claim deed transferring the husband's interest
to her. as the executor of his estate. This deed would need to be witnessed, notarized and then recorded in the real property records of the city/county in which the property is located. If the property is in the living trust, then she would also transfer the property by quit claim deed...but would sign as the trustee, rather than executor. If you need a form
for either the Affidavit or Quit Claim Deed let me know and I'll be happy to provide templates for you.
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