Jackson, MS asked in Real Estate Law and Estate Planning for Mississippi

Q: How valid is a trustee's deed from the executor of an estate trust? Shouldn't it be a warranty deed instead?

Both of my parents died last year. They maintained an estate trust. There are four children listed with my sister being designated as the executor. Recently she distributed the first disbursement in which she wrote herself and my two brothers checks for $150,000. She gave me property in the form of a trustee's deed. I have requested a warranty deed and she has denied the request. I was informed by a number of people that the only acceptable deeds would have been warranty and quit claim. One stated the trustee's deed was not acceptable. Her lawyer said the only way I could have received a warranty deed would be if my parents were still living. The trustee's deed was issued because they were dead. However, my parent's home was closed this week and the buyers received a warranty deed. This totally disproves what the estate lawyer claims. I need clarification in this matter.

1 Lawyer Answer
Anthony M. Avery
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Anthony M. Avery
Answered
  • Estate Planning Lawyer
  • Knoxville, TN

A: You do not have a right to any type of certain deed conveyance. You can make a motion in the Probate Case, or an action against the Trustee, for a better distribution of Trust Assets, but you will probably lose. Hire a MS attorney to advise you of what to do, but I think you will find that her fiduciary duties have been executed as long as the Deed is complete and meets all statutory requirements for recordation. If it is defective, then you might sue for Reformation of the Deed Conveyance if the Trustee will not give you a Correction Trustee's Deed.

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