Q: My father is deceased his house is in Trust, I'm the successor Trustee. Is the house considered mine? Like a 2ndary home
I am trying to sell the house. I signed up, through my work, with a legal plan that pays for various legal services. They are saying that the house is in my father's name and so therefore it is not a covered service since the house is not in my name. But in the Declaration of Trust I am named as successor Trustee and the Executor of everything in my father's name. The house was put in Trust while my father was still alive and my father was named the Trustee until he died, then I became Trustee. So wouldn't that mean that the house is still in my name as Trustee?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Illinois
- (312) 346-5297
- View Profile
- Answered
A: Hopefully, at the time of the Declaration of Trust, your father's attorney also recorded a Quit-Claim Deed transferring the title from your father to the Trust. If not, then we would need to work with the Title Co. to record an Affidavit of Heirship to determine all the parties with an interest in the property. You should have an attorney discuss your options and shepherd the transaction to closing.
Anthony M. Avery agrees with this answer
1 user found this answer helpful
A: The house being in your name as trustee is not the same thing as the house being yours. Assuming the house has been deeded into the trust as indicated by Mr. Kottaras, above, what happens to the house is determined by the terms of the trust. You, as trustee, are duty bound to do what the trust says to do with the house.
Anthony M. Avery agrees with this answer
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
