QUESTION
What can I do if my husband died 3 years ago and I am not on the title but make the mortgage payments and he had a trust naming me the trustee?
Asked on Feb 19th, 2014 on Estate Planning - New Mexico
More details to this question:
The home is in my husband’s name and he was the sole owner of the house. In his trust, he named me as the trustee of the estate. I hired a trust attorney and he was supposed to put the deeds in my name. I have no idea if you actually did this. The attorney has not returned my calls and has turned out to be a flake. I have been making payments on time and want to pay off the house entirely. How do I pay off the house and get the title in my name? Do I work directly with the bank to do this or do I need to do something else? I think a quit claim was done by the attorney that I hired but not for sure. All I want to do is on the home out right. I don't want to lose the home and deal with a greedy bank that will take the home from me completely even though I've been making all of the payments on time and even making triple payments. Please advise me on how I should go about paying off this house without getting burned.
14 ANSWERS
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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You work directly with the bank to pay off the mortgage loan. They cannot take the house as long as you are current on the payments. When the loan is paid off, the bank gives you a Satisfaction of Mortgage (or a similar document the document has different titles in different states), which should be recorded in the county recorder's office. You also need to find out whether the house has been transferred into your name. A local real estate attorney or probate attorney can help you with this, or you can go to the county recorder's office to find out whether that quit claim deed has really been recorded.
Answered on Feb 21st, 2014 at 5:14 PM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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This should not be a problem. I assume your husband had a will which would pour assets into his trust. The probate is not expensive and the process is called an informal probate administration. There is no other way that you can get the title to the home into his trust's name or possibly yours if he did not have a will.
Answered on Feb 21st, 2014 at 5:14 PM
Thomas Edward Gates
If a Quit Claim was exercised from the Granter (your husband/Trust) to you (Grantee) and filed with the Auditor, then the house is owned by you. While you are the Trustee of the Trust who is/are the beneficiaries? If the Trust holds title to the real property, then the house will belong to the beneficiaries. The bank cannot demand that you accelerate payment of the mortgage. All they care is that they receive the payments as specified on the loan.
Answered on Feb 21st, 2014 at 5:13 PM
Edwin K. Niles
The bank cannot transfer title; they are only interested in getting their payments. It is not terribly complicated for a lawyer to transfer title. It's just a matter of preparing and recording certain documents. If you have a question as to whether or not he has done his work, any real estate broker can check how title stands. Many lawyers charge 1% of asset value to administer a trust. However, it's negotiable.
Answered on Feb 21st, 2014 at 5:13 PM
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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If the house was in his name only, then you need to open a probate estate (Davidson County and many others require a fiduciary have legal counsel). If in the name of the trust, then as trustee you follow the trust language.
Answered on Feb 21st, 2014 at 5:13 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If the house was not transferred to your husband as trustee of the trust, then you will need to probate your husband's estate. Normally there would be a "pourover" will, which simply says "all to the trustee of my trust," so the house would end up in the trust through the mechanism of probate.
Answered on Feb 21st, 2014 at 5:12 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You can check to see if the deed was recorded by checking the real estate records for your county. Most county register of deeds offices have online records you can search. If you paid the attorney to prepare a deed and to record it and this was not done, then the attorney should make it right, in my opinion. As for the bank, there is nothing they can do. As long as you continue to make payments and keep the mortgage current, they are required to deal with you and to allow you to pay off the mortgage. It sounds like you are in a very solid position and just need to follow through to make sure that your attorney did what he was supposed to.
Answered on Feb 21st, 2014 at 5:12 PM
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Simply call an attorney and have them find out how the house is titled. If it is in your name, you will have no problems. If it is not, the attorney should be able to do what the other attorney did not, and get it there pretty easily. Unfortunately you will have to trust another attorney to get where you want to be.
Answered on Feb 21st, 2014 at 5:11 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain the services of a estate planning attorney to advise you as to the appropriate course of conduct for which you are trying to achieve.
Answered on Feb 21st, 2014 at 5:11 PM
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You need to hire another attorney to assist you. There may be other issues that need to be addressed. First and foremost the house may need to go through probate to get into the Trust, if it is in your husband's name. You need a qualified attorney who will respond to your needs. Best of luck to you.
Answered on Feb 21st, 2014 at 5:11 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Your rights depend on the content of several documents. Deed to the House: Was you husband the sole owner or was his trust the owner. Last Will and Testament: Did your husband have a Will. If so, and if he was the sole owner of the house on the last deed, did the Will specifically bequeath the house to someone. If a Will and no specific bequest, to whom or what was the residuary estate bequeathed? The trust? If no Will and he was the sole owner of the house on the last deed, did he have any children born to or adopted by him? The Trust: If the house was in the Trust, either before he died or pursuant to the terms of the Will, who is to receive the House under the terms of the Trust? Did the attorney prepare the Quit Claim Deed after your husband's death? Did you sign the Deed? Have you checked the public record to see if it was recorded?
Answered on Feb 21st, 2014 at 5:09 PM
Neal Michael Rimer
I'm sorry you seem to have had a bad experience with an attorney... but, you did start out the right way. You need to retain an attorney to advise you, as the Trustee of your husbands trust, as to what you need to do and how to do it, as the trustee, to comply with the terms of the trust. I do not know if the trust allows you to become the "owner" of the house.. it might be that you are entitled to use and enjoy the house during your lifetime and then it go to others after you die. As Trustee, you need to comply with the terms of the Trust. That is what a lawyer should be retained to do for you.
Answered on Feb 21st, 2014 at 5:09 PM
You say you are the trustee, but are you also the beneficiary of the trust and entitled to the house? If so, you should be able to grant deed the house to yourself from the trust since you are the trustee.
Answered on Feb 21st, 2014 at 5:08 PM
Is it possible that the trust owns the home? Are you a beneficiary under the trust as well as a trustee? Are you entitled to the trust assets as a result of your husband's death? You should see an Estate Planning Attorney to have that person tell you what the trust provides for and what you may be entitled to under the terms of the trust. I would not be too anxious to transfer the trust to your name if you are the beneficiary of the trust, that action would destroy a lot of good protections you might enjoy.
Answered on Feb 21st, 2014 at 5:08 PM