Q: What would you recommend in the following situation:
The property ( Vacant Land Lot value under $30,000) has a few owners.
One of them has the property under Living Trust, he is passed away.
This person doesn't have a wife or children.
We can not get Trust documents of his Living Trust.
What would you recommend in this case?
Can his part of property ownership be transferred to other owners of the property?
*Would be the Lawyer able to find Trust information by Trust name and name of Trustee?
Unfortunately, you can't just give away property that belongs to someone else. Even if you tried, the County would never accept a Grant Deed that was signed by someone who is not authorized to give away the property.
When someone passes away and has a trust, the trust will say who gets the property, so it doesn't matter if the person doesn't have a spouse or children. If the trust does not say who inherits the property, then the trustee could sign a small estate affidavit, since the value of the property is only $30,000. If you are unable to get a copy of the trust, you may want to try having a lawyer send a letter seeking to get it for you. If that doesn't work, it's possible you would have to go to court to obtain the information.
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.