Ask Terry Questions Inheritance of house

Inheritance of house

By Terry Savage on June 12, 2019 | Financial Planning / Retirement

I am the executor and agent in my mother’s will and trust but I don’t see her house mentioned with the address ect. anywhere in these papers. Will I have trouble transferring her house to myself? Would the paper work current paperwork I have be sufficient to take to the county to have her home transferred into my name?

Terry Says

That depends on how her will and trust were written.  If she had a revocable living trust, but didn’t change TITLE to the house into the name of the trust, then it must go through probate — which will take a while.  But if she actually changed the title (you might have to do a title search if you can’t find papers regarding this) then the Trustee can easily distribute the asset, and change title to a buyer (or one of the beneficiaries) with only the relevant copies of the trust and the title.

I know this might be confusing.  I suggest talking with the attorney who drew up the estate plans.  It is ESSENTIAL that people do the actual transfer of title at the time of trust creation.  And if this attorney didn’t do that for her, then maybe find another estate planning attorney to help you through if it needs to go through probate court.  No use rewarding the original lawyer with more fees if she/he didn’t do a thorough job!

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