QUESTION
What I can do in order to get her to give me the deed so I can get insurance and proceed with my life?
Asked on Mar 28th, 2014 on Estate Planning - Colorado
More details to this question:
My mother passed on November 15, 2013. She left a house and 3 acres to me in a Revocable Trust and Will, so there would have to be no probate. My brother and sister also received 56 acres each. My sister is the Executor and has yet to give me the deed to my home. I was living here before mother died having moved in with her to care for her in her last months. She has her part of the land up for sale and according to a call she made to someone else it is sold. So she has her deed and my brother has his. She just has not given me mine.
17 ANSWERS
Edwin K. Niles
Does she have a lawyer helping her? If so, talk to him/her. If not, maybe she doesn't know how to do it. See a lawyer.
Answered on Apr 02nd, 2014 at 8:26 PM
3 Awards
I urge you to retain an attorney to review the Trust agreement and advise you. The attorney should also confirm that the property was transferred to the Trust, so it is not subject to probate.
Answered on Apr 01st, 2014 at 6:17 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
If the trust provides that you'll get this property, you can go to court and force your sister to issue the deed.
Answered on Apr 01st, 2014 at 3:49 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
So hire an attorney to threaten her with breach of her fiduciary duty.
Answered on Apr 01st, 2014 at 3:48 PM
You need to send a written reminder/demand to your sister with a deadline to follow the terms of the trust and convey the property to you. If she doesn't comply by the deadline, you need to hire a good trust administration lawyer to make a claim.
Answered on Apr 01st, 2014 at 3:48 PM
Taxation Law Attorney serving Glendale, CA
at
Irsfeld, Irsfeld & Younger LLP
Update Your Profile
Hire a lawyer, and file a petition with the court.
Answered on Apr 01st, 2014 at 3:48 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Seek the services of a probate/trust litigation attorney to force her and seek to charge her with attorney fees.
Answered on Apr 01st, 2014 at 3:47 PM
You seem confused over terminology. If your mother had a Trust with the Will only as "pourover" as is usually the case, then the important issue is who is Trustee. The Trustee is required by law to provide notice to all beneficiaries of the terms of the trust.
Answered on Apr 01st, 2014 at 3:45 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
The trustee should be paying for insurance prior to distributing the home. Six months isn't too long for a trust administration. Check the county land records, if deeds have been recorded for your brother and sister, then it's a fair question to ask her why she hasn't distributed to you.
Answered on Apr 01st, 2014 at 3:45 PM
Thomas Edward Gates
Contact the court and ask to be on the calendar for a show cause hearing. You will need to draft a motion to the judge on what you are requesting and why. It would be best for you to retain an attorney to assist you.
Answered on Mar 31st, 2014 at 11:48 PM
Elder Law Attorney serving Hollister, CA
at
Charles R. Perry
Update Your Profile
If your sister is required to transfer the property to you pursuant to the terms of the trust and refuses to do so, your remedy is to petition the probate court in the county where the property is located to order the distribution. Before doing that, however, I would hire an attorney to write a letter to your sister that requests the transfer of the property. This may cost you several hundred dollars, but it will definitely get your sister's attention and quite possibly the transfer that you seek. The attorney will need to see a copy of the trust, so be sure you have one. If you don't, you can request one from your sister (and if your sister will not give it to you, the lawyer will certainly request it in his or her letter).
Answered on Mar 31st, 2014 at 11:41 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
I wouldn't have to look at all of the details, but it would appear you should be able to compel her to provide the deed if that is what was called for under the trust. If she refuses you will have to engage an attorney and take her to court.
Answered on Mar 31st, 2014 at 11:41 PM
Probate Attorney serving St. Louis, MO
at
Edward L. Armstrong, P.C.
Update Your Profile
If an estate was opened in the probate court (your sister may have done this if she was advised to by an attorney), the personal representative normally waits at least six months before distributing assets. If, as you say, there is no probate but the estate is very large, the personal representative may wait for the IRS to approve the Federal Estate Tax Return. If there is tax due (this is doubtful given the generous exemptions available), the personal representative is personally liable for the taxes so she would wait for approval of the IRS before distribution.
Answered on Mar 31st, 2014 at 11:39 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
Your situation is not entirely clear. Is your property titled in the trust or not? If not, then probate WILL be necessary. A PR is only appointed in a probate proceeding, so unless an estate has been opened, there is no PR. At most, your sister is nominated to be the PR. She has no authority to execute a deed, if that is your situation. If probate is needed and she refuses to act, you can always open an estate yourself, and request that you be appointed PR. If the property is titled in the trust, then you do not need a PR. The trustee would have authority to sign a deed to you. If the trustee fails to do so, then you can again go to the probate court, this time to petition for supervision of the trust or removal of the trustee and a surcharge for breach of fiduciary duties. Since it is unclear what your facts are, it may be wise to retain an attorney to review the situation with you.
Answered on Mar 31st, 2014 at 11:38 PM
2 Awards
You need to get an attorney to help you. Obviously you are not getting anywhere yourself. An attorney can force her to give you the deed, as long as the gift to you was an outright gift, or she could face breach of trust and removal.
Answered on Mar 31st, 2014 at 11:38 PM
Commercial Attorney serving Chicago, IL
at
Ashcraft & Ashcraft, Ltd.
Update Your Profile
The terms of the Trust must be followed by the Trustee. If the Trust assets are being distributed to some beneficiaries then the distributions should be made to all beneficiaries. Make sure there are no postponement of possession provisions that affect your distribution under the trust. If nothing in the Trust would act to delay your distribution then you can force action by the Trustee in court. You should start with a written demand.
Answered on Mar 31st, 2014 at 11:26 PM
You will need to file a Petition in the Probate Court. For assistance, contact an attorney specializing in probate and trust matters.
Answered on Mar 31st, 2014 at 11:25 PM