Q: Mom passed and had a trust but did not add her home to it so we had to probate her home, how do i get it into the trust.
the home is still in probate waiting to sell can I transfer it to her trust before its sold? the estate is left to 5 grand kids 1/4 and 3 children 1/4 each
A: Assuming the time for creditors to present claims has expired, you can transfer the property into the trust. Getting it into the trust is most likely the best way to handle the situation. It is usually good to be able to close the probate when an extended wait is possible. It will make the eventual closing easier too.
Brent T. Geers agrees with this answer
Your question is not exactly clear, and much of this will depend on what the will says. Is it a 'pour over will' that simply requires any non-trust assets be moved into the trust through Probate? Then once the claims period has run, a simple deed transferring the property is probably in order. Do you have a local attorney representing you in probate court? You SHOULD! That attorney can provide you real advice on when, how and what to do things to insure the procedures are followed properly.
Bottom line: you need to have a local attorney review ALL the paperwork and advise you specifically on what you need to do when. Don't be penny wise and pound foolish here. The cost of an attorney will pale in comparison to the price paid if you make a mistake. Seek local legal help.
--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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