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Can a home be sold if the decrease trust is not over with in probate court?
Wiki User
∙ 10y ago
It all depends on what the documents state. I notice you said a Trust. Was this a grantor trust? was it completely funded with the grantor's (the deceased) assets? Is the home in the name of the trust. There may be a provision in the Trust, if the trust was the owner of the property, that allows the sale of the property with proceeds added to the residue of the trust. However, if the trust was not properly executed and funded and the property was still in the name of the decedent then you may have to wait until the probate process is over or meet with all heirs and your probate attorney as they can guide you through that process. Usually with a completely funded grantor trust the estate avoids the probate process and goes by the guidelines set forth by the trust, however it sounds as if this trust was not properly funded and the property was not placed in the trust.
Wiki User
∙ 10y ago
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Who is responsible for expenses while a home is in probate?
The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.The estate is responsible for paying the debts and the estate representative, appointed by the probate court, is responsible for paying the debts from the estate.
In Colorado mother died her will leaves her home to brother can it be transfered without going through a lawyer?
I am not an attorney, but having done some research re: my mother's assets, I can say that if the property is given in a will, the will must go through Probate Court. All wills go through Probate Court. If the property is given by way of a Trust, then you don't need to go through Probate Court-- an attorney is still advisable to handle the change of title. Incidentally, a possible unforeseen difficulty you may face is that the transfer of the home may be a taxable event if it is done through a will. A trust would have helped to avoid this, including accrued value from the time of mother's purchase to her death. At least, get a consultation from an attorney. Many attorneys would offer you this for little or no cost.
Can a homeowners policy be used to cover a home owned by a trust?
Yes. Homeowners insurance can be used to cover a home owned by a trust. It happens all the time. A number of people put their money into living trusts so their children will not have to pay probate fees. It costs a whole lot less money to pay a lawyer to write a living trust that to represent someone in probate court. (Pay me now or pay me a lot more later. In a car regular oil changes are less expensive than engine overhauls.) Insurance companies are set up for it.
How can a beneficiary monitor the actions of the trustee in California when the deceased person's estate is in Texas and what can be done if the trustee refuses to disclose or account for anything?
Generally speaking, most states require that, in the event a decedent designates a non-resident executor or trustee of a residual trust (i.e., a executor or trustee who resides out of the decedent's home state), the non-resident executor or trustee designate and identify to the Texas probate court an in-state contact person. In the event a beneficiary or heir of the decedent's estate believes that a distribution of estate assets has not been made, made improperly, made contrary to express provisions of the descent's will or trust agreement, or that the executor or trustee is wasting the assets of the estate or trust, then the beneficiary or heir may petition the Texas probate court for and accounting. Talk with the Clerk of the Probate Court where the will is probated. Be aware teat the Clerk cannot give legal advice, but can advise you on procedures and forms required by that court for filing a request for an accounting. You should consult a Texas probate attorney for the remedies specific to Texas probate law.
How can you avoid probate when you voluntarily foreclose on the home of your deceased mother who did leave a will?
When your mother died, the executor took her place. The executor may not act without approval of the probate court. Your forclosure action must be against your mother's estate, as she is deceased, there you must go to probate.
What was the problem with the Estates General?
I have a home under my ex-husband name and my name under our family trust which it was awarded on our divorce shortly after he died the mortgage and the home still under my name. My ex-husband beforing dieying he appointed his sister as the executor which she is going thru probate she requested the I sign the I quit claim deed the property to her. Can the family trust override the will he did and can I have the home back. She said she goin to the court to have judge sign home over to her and the I will owe her $1,700.00 for filing the request.
Can anyone live in a home that is currently in probate?
Typically, probate properties are owned by the deceased and are undergoing the legal process of distributing their assets. Depending on local laws, it may not be possible for someone to live in a home in probate unless they have legal authority to do so, such as being named as the executor of the estate or obtaining permission from the court. It's best to consult with an attorney or legal professional to understand the specific rules and requirements in your jurisdiction.
Can the personal representative sell the deceased's house if the estate is still in probate in the state of Michigan?
Yes, if the sale is made according to state law. A court appointed personal representative must sell the property while the estate is "still in probate". After the probate procedure is completed the estate has been distributed and they no longer have any authority.
Can someone with life estate keep the one out that the house was left to?
No....If the home was in a irrevocable or trust life estate and that person died or in the case of the irrevocable trust there still alive and your the benaficairy the trustee can keep you out, but eventually depending on what the terms of the estate are turn the trust or estate over to you. Seek the advice of a probate attorney.
How can you find someones will?
To find someone's will, you can start by checking with the probate court in the jurisdiction where the person lived or owned property. You can also look for the will in safe deposit boxes, with the person's attorney, or in their home. Additionally, some people keep copies of their will with trusted family members or friends.
Mother has dementia and is in a nursing home Her attorney is not willing to give her adult children a copy of her will and trust What can you do?
There is not much you can do. There is no right to see someone else's will before they die. There is no right to see a trust. You can consult a probate attorney in your area, but until your mother passes away, you have no right to the will.
Can a 17 year old move from home of a legal guardianship and under Missouri probate court supervision?
Yep The 17 year old can be killed in missouri P.S. I love women
