Q: Do I have any recourse when forced to go through probate because of a mistake made by the title company?
When we signed the papers, they neglected to include the paper for "joint owners with right of survivor-ship"
My husband passed away a couple years ago and I recently set up a family trust. That's when I found out about the problem. The bank can't add the house to the trust unless it is only in my name. Would greatly appreciate any advice!
A: You can try going back to the title company to see if they will fix it. However, you will probably need to file a probate. Depending on the circumstances, your husband's estate may qualify as a small estate; or if it has been more than two years, then you may be able to do a tardy probate, which is simpler than a normal one.
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