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The sole trustee died. How can the beneficiary obtain a transfer of the trust property to her own name?
Wiki User
∙ 10y ago
You need to review the document that created the trust to determine how that transfer must be handled. There should be a provision that directs how to appoint a successor trustee. The property can be transferred by a successor trustee as long as the power to sell or transfer real estate is granted in the trust. If there is no such provision you need to take the matter before a judge in a court of equity. You should contact an attorney who specializes in real estate law who can review the trust and explain your options.
Wiki User
∙ 10y ago
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Can a trustee of an irrevocable trust deny access to the beneficiaries of property included in the trust?
Generally, yes. The purpose of a trust is to transfer title to the property to the trustee. The trustee manages the property according to the provisions in the trust. The beneficiaries do not "have access" to the trust property only the proceeds therefrom as set forth in the trust instrument. Any and all powers and obligations the trustee has should be explained in the trust instrument. You should obtain a copy to help you understand what they trustee can do and what your rights are as a beneficiary. If you think the trustee is acting in conflict with the trust you could contact an attorney in your area for advice and options available to you.
A trustee removed the bank's lien so he can liquidate the property to pay creditors. Can a property be released from a mortgage if one person is on the mortgage and two people are on the deed?
A duly appointed trustee in bankruptcy can obtain permission from the court to sell the property free from encumbrances. That is the only way the property can be transferred free from the creditors liens.
How do you find out who is the trustee on a vacant property?
First check the town assessor's records to obtain the owner's name. Then you can use the name to find the deed in the land records.
Can a trustee obtain a second mortgage under an irrevocable trust if the grantor is now deceased?
The trustee must always look to the trust to determine what powers the trustee has in managing the trust property. All the powers of the trustee are set forth in the trust. If the power to mortgage the trust property is not included then a judge would need to make that possible. You should speak with an attorney who can review your situation and determine what your options are.
Can siblings put a lien on a home that was inherited by a beneficiary deed?
AnswerYou haven't explained the reason for the lien. If the beneficiary owes the siblings any money and refused to pay they can sue in court for the debt and obtain a judgment lien on the property.
How do you get a deed for land that is being given to you?
A will that transfers real property must be probated in order for title to the real estate to pass to the beneficiary legally. The beneficiary doesn't have to arrange to have a deed in their name, the probate is a public record and can be cited as the legal source of title. If the beneficiary wishes to obtain a deed in their own name that can be accomplished after the estate has been probated. It should be done by the attorney who handled the estate. The beneficiary, as the legal owner, would convey the property to a straw. The straw would convey the property back to the beneficiary and the beneficiary would become the record owner of the property in the land records. This transfer should be done under the supervision of an attorney who specializes in real estate and probate law.
What if individaul dies and has beneficiary on account?
If the decedent named a beneficiary on his bank account the beneficiary can obtain a certified copy of the death certificate and proper identification and visit the bank to close out the account and obtain the funds.
Can you sell my home while in a chapter 13 bankrupcty and keep the profits?
You will need to obtain the consent of the Chapter 7 trustee before selling any property of the bankruptcy estate.
What do you have to do to transfer property to the sole administratrix name?
You should consult the attorney who is handling the estate. Deeds should be drafted by an attorney and a court appointed administrator must obtain a license from the court to transfer real property.You should consult the attorney who is handling the estate. Deeds should be drafted by an attorney and a court appointed administrator must obtain a license from the court to transfer real property.You should consult the attorney who is handling the estate. Deeds should be drafted by an attorney and a court appointed administrator must obtain a license from the court to transfer real property.You should consult the attorney who is handling the estate. Deeds should be drafted by an attorney and a court appointed administrator must obtain a license from the court to transfer real property.
Obtain Northwestern Mutual Insurance forms for changing beneficiary and ownership?
yes
Can you convey partial ownership to a mortgaged property?
The property is subject to the mortgage. In order to sell a portion free and clear of the mortgage you would need to obtain a partial release from the bank. The partial release must describe the portion you want to sell and must be recorded in the land records.
How is a re-conveyance obtained for a deed of trust with Security Pacific national bank was trustee?
Bank of America is the successor in interest to Security Pacific National Bank which it acquired in 1992. If the property was conveyed to Security Pacific as trustee you would need a deed from BOA. You should obtain a copy of the deed of trust and review the document with a representative at BOA.
