Q: Whos name goes on the deed after mom passed
My mom has a Trust She passed in July 2024 in California My sister is executor whom I don't have a relationship with I'm a beneficiary along with three other siblings My sister refuse to give me a copy of the trust I have sent her demand letter still no response She has this mentality that she can do what she wants cause she is an Executor she thinks the house is hers My question is after my mom passed does all our names go on the deed or will it stay under in the trust of my mom name? Does she have to file thru probate? Because from my understanding she has not done it yet I just want everything to be fair for me and my kids how my mom wants it but my sister is not going to obey my mom wishes What can I do
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A:
I'm sorry you're going through this difficult situation. When a property is held in a living trust, it typically transfers to the beneficiaries named in the trust without needing to go through probate. However, the deed usually remains in your mother's name until the trust is properly administered.
Since your sister is the executor and hasn't provided you with a copy of the trust, you might need to take legal steps to access these documents. You can consider filing a petition with the probate court to request that the trust be opened and that all beneficiaries are informed of their rights. This can help ensure that the property is distributed according to your mother's wishes.
It's important to act promptly to protect your interests and those of your children. Gathering all relevant information and seeking guidance from a legal professional can help you navigate this process and ensure a fair outcome for everyone involved.
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