Q: Declaration of trust for dead relative. Just found out the house was sold as a probate sale.
3 years ago a declaration of trust was sent out to the people listed in the trust by the lawyer from Palm Springs handling it. Received the amount listed, as did my brother and mother. The house was given to her best friend. I just googled the house and was shocked to see it was listed as a probate sale right after she died with many realtors trying to sell it. It sold a few months later. I googled the name of her best friend and found out she died 3 months before my relative. There was no other person listed under the best friend and never amended. Was the sale of the house supposed to have been given out to the people in the trust?
A:
This depends on how the property was titled, whether or not there was a 'pourover will' if the house was not already in the trust, and how a will (if the house was a probate asset), intestacy laws (if there was no will and the house was a probate asset) and/or the trust was worded.
In short, without seeing documents it is impossible to say for sure. You need to gather ALL the documentation including the probate paperwork and the trust as well as info from the sale, and visit with a local estate planning / probate attorney to determine what happened and whether or not it was correct. Too many details are missing here to know for sure.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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