Q: If two house MI & FL are taken out of a trust to put both sons on the title of the houses, will it go into probate court
My father passed away but before he did, he place the survivors of his family to be the inherited. This includes 401K, IRAs, bank accts, and two houses located in Florida and Michigan. My mother and I are wanting to pull the houses out of the trust so that we can have her sons on both titles of the houses. I was told by one person that if this is done, then the trust would have to go to Probate, whereas everyone else tells me that unless my mother owes money to somebody, it can avoid probate. One son is on disability and the other is currently working. Please advise.
The question doesn't quite make clear what all is going on. If the houses were in the father's trust, and then he passed away, his trustee is in charge of the house and must do with it what the trust says. Unless your mother is the trustee, she would have no authority to do anything with the houses.
If she is the trustee and beneficiary, then it may be possible for her to take them out of trust.
This is a far more complicated and fact specific situation than can be dealt with in a forum such as this.
You need to get local licensed legal advice in order to review the entire situation and determine what can be done let alone what should be done.
“What people say” is not something you should be relying on. Get local licensed legal representation!
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