More details to this question:
My mother quit claimed property to me out of her Trust about two years ago against my brother's wishes.I recorded the deed. I assumed all expenses including some major repairs. Although my mom is still living, my brother has handled all of her affairs since he lives right next door. I assumed everything was finalized on my house. I am now finding out that an amendment should have been done from the Trust but highly doubt it ever was. Does this mean the Trust still owns the property?
2 ANSWERS
4 Awards
Whether real estate is in the trust is determined by what the most recent recorded deed provides as language for vesting. If the vesting names the trust, then the trust owns it. If vesting names a person or persons, then the trust does not own it.
Answered on Jan 06th, 2015 at 1:10 AM
Disclaimer. http://www.los-angeles-lawyers.biz/lawyer-attorney-1177690.html
Taxation Attorney serving Santa Monica, CA
at
Lyster, Inc.
Update Your Profile
If your deed was done correctly (name of Grantor the same as the record name of the prior owner, which should have been the trust, the grantor was competent to give you the quitclaim deed, the legal description was correct, etc.), and it was recorded (you received the recorded document back), you do now hold record title to the property. If you are receiving the property tax bills, you should relax - at least concerning this transfer and until your brother sues to have the deed rescinded (if he has grounds for doing so). Having your brother so close to your mom does open the possibility that he might exercise undue influence over her. I am assuming here that your mom's trust was fully revocable by her.
Answered on Dec 15th, 2014 at 12:44 PM