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Updated about 13 years ago on . Most recent reply

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Shane Woods
  • Real Estate Agent
  • Weatherford, TX
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How does a person get a property out of a trust? probate

Shane Woods
  • Real Estate Agent
  • Weatherford, TX
Posted

My Grandmother put her savings, house, and car into some sort of "trust" when she became up in age, to keep any long term care facility from taking it.

the trust was willed to my mom and uncle, equally. they have agreed that my mom will have the house.

what is the process to get the house in her name?

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Mitch Kronowit
  • SFR Investor
  • Orange County, CA
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Mitch Kronowit
  • SFR Investor
  • Orange County, CA
Replied
Originally posted by Shane Woods:
... the trust was willed to my mom and uncle, equally. they have agreed that my mom will have the house.

what is the process to get the house in her name?

Ok, first a couple of clarifications. One does not "will" a trust to somebody else. A trust has what's called a "successor trustee" when the original trustee or grantor (your grandmother in this case) passes.

Your late grandmother's house is still, or should be, in the name of the trust that she set up. The trust should also name the successor trustees, which may be your mother and/or uncle. If the trust doesn't have any restrictions on the disposition of the house, for example it doesn't say the house must get donated to charity, then the successor trustee(s) may do what they wish with the property, such as transfer the title to your mother.

This is way over my head as a non-attorney, but hopefully I've pointed you in the correct direction. Find the trust paperwork and read it. Also get a copy of the house's current deed. Pay the $500 or so and have an attorney assist you in properly transferring the property over. You don't want to violate the conditions of your grandmother's trust and get somebody in some hot water.

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