QUESTION
How do I take my house back from the trust and revoke my executor?
Asked on Jun 24th, 2013 on Trusts and Estates - California
More details to this question:
About 7 yrs ago I put my house through a trust and named my cousin as an executor. A month ago I tried to apply for a refinance and the mortgage agent mentioned that the house is under my cousin's name. I would like to take back my house and I was wondering what steps and legal papers I must file in order for me to accomplish this?
2 ANSWERS
3 Awards
your question doesnt sound right as trusts don't have executors. if it is a revocable trust you can revoke it by signing papers. ask a local lawyer.
Answered on Jun 25th, 2013 at 5:35 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900
It's hard to say from your question. I would need to look up the title to see who is actually the owner. If it is actually your cousin then he will need to deed the property back to you. If he's just named as trustee then he would sign a deed as trustee. In either case a deed from him would be the easiest. On the other hand, if he is not cooperating then you could amend the trust to change trustee if it's a revocable trust. If the trust is irrevocable perhaps you need to go to probate Court and file a petition based on changed circumstances. If he is actually the owner then you would need to pursue litigation against him. In all of the above I recommend you find an experienced estate planning attorney to start! Good luck. -John Palley
Answered on Jun 24th, 2013 at 3:08 PM