Who is the house supposed to be going to now that the estate is closed? Can my aunt sign her interest in the house over to me now?

Question

My mother passed away in 2010.  According to the probate court the estate is closed.  According to her will I was to receive half of the estate at 25 and the other at 30.  Which I would think means the estate would have to be open until I'm 30.  According to our local property valuation administrator my mother is the owner of the estate and no one else; my aunt has the power of attorney to the estate but signed her rights over to our lawyer.  But it says nowhere on any records that the estate is ran by him now.  But my management group says that he is co owner to the house.

Edward Armstrong · Answer

It sounds to me as though your mother may have established a trust under her will.  If that is the case, the personal representative (executor) of the estate would have made distribution of the residuary estate (what remained after all bills and specific bequests were satisfied) to the trustee of the trust.  The trust would then manage these assets making distributions to you as you indicated in your question (a portion at 25, etc.).  If this was indeed what happened the estate could be closed by the personal representative. Of course, you have the right to see the trust and all other documents relating to the estate.  I would check the court file at the probate division of the circuit court in the county in which your mother lived at the time of her death).

Norman Green · Answer

1.  How old are you now? 2.  What did the order of the court say?  If you don't fully understand the court's orders, send me a copy to see.

James Frederick · Answer

You need to have someone review the language of the documents in question in order to find out where you stand.

Thomas Phipps · Answer

The lawyer should not have any interest in the house.  You should go to the probate court and see what the documents say about distribution of the estate assets.  You should really meet with an attorney of your own choosing to protect your rights.

Nathan Wagner · Answer

You will probably have to show a local lawyer the documents regarding the house and your mother's estate. The estate would probably not be held open until you are 30. More likely, the probate court would order the estate to be held in a Trust until you are 30. Maybe your aunt is the trustee (the person who manages the trust). But she wouldn't have a power of attorney from the estate, especially if the estate has been closed. Generally, only living people (not estates or trusts) grant powers of attorney. Furthermore, a power of attorney stops working once the person dies, so your aunt can't have a power of attorney from your deceased mother. Maybe the lawyer is the trustee. That would explain why he is listed as a co-owner of the house. In any event, it sounds like the terms of this trust will probably not allow the trustee to sign anything over to you until you get 1/2 at age 25 and 1/2 at age 30. You would have to look at the document that creates the  trust to know when the trustee can distribute assets to you.

Victor Waid · Answer

You need to consult a probate lawyer to untangle this mess who can search the probate record and correspond with the attorney who supposedly handled the estate representing the executor or administrator. Sound like you are interfacing with lay people who don't know what they are doing or saying. The lawyer you seek will charge an hourly rate, so be prepared to compensate him/her. By the way, estates cannot issue powers of attorney, and if your mother issued a power of attorney, then the power of attorney died with her death, and is not effective for any purpose after her death.

Brian Haggerty · Answer

It sounds like your share of the estate is in a trust for your benefit; maybe with your mother as trustee? She would then be the legal owner of property in the trust, and you are called the "beneficial owner." Much of the rest of your question makes no sense; the trustee of your trust should be able to adequately explain the whole situation to you.

Bernard H. Greenberg · Answer

It seems as if you have matters confused. From your description, your mother may have created a testamentary trust for your benefit with two distribution ages.  However, to be sure, and to get appropriate answers to your questions, take the Will to an attorney specializing in estate and trust matters.

Mark T. Peters · Answer

Talk with the attorney.  He will tell you.

Thomas Edward Gates · Answer

He is not the co-owner.  Power of Attorney is invalid after the death of the Principle.  To probate an estate one must be appointed the Executor/Personal Representative.  If your aunt was named in the will as the proposed Executor she could decline.  However, to have someone else be proposed, all individuals who have a right to be the Executor must agree to this individual.  An attorney is generally retained to help probate the estate.  You say that the probate is closed, so all of the provisions of the will must have been complied with.  Based upon your question, your aunt never had a vested right to the house, so she cannot sign over "her" percentage to you. Because there was a stepped distribution for the house, someone had to be the "caretaker" for the 50% you did not own.  Who was this individual? This person must sign a Quit Claim Deed to transfer the remaining 50%.

Christine James · Answer

The lawyer better not be a co owner of the house with you. If he has a lien for his attorney fees that is one thing. The Order on Petition for Final Distribution will spell out the terms of who gets what. Have an attorney review it for you. Most will likely review it for little or no cost.

Dara J. Goldsmith · Answer

You question is difficult to understand. You should have an attorney review the paperwork to advise you.

Ben Liu · Answer

You should retain an attorney to review the case and advise you.

Kathleen Delacy · Answer

He may be co-owner as Trustee until you are 30.  The inventory should have listed who the house was going to.  Once filed that should update Recorder of Deeds site.  The estate can be closed if you are not 30 but Court of Chancery would oversee administration of the testamentary trust.  This is Delaware process.

Jayne Sebby · Answer

As the will stated that you were to receive ownership of the house over time, someone has to hold temporary ownership of the house until you reach age 30.  I assume that a trust has been established for you with first your aunt and then the attorney serving as trustee.  The title to the property should be in the name of the trust rather than you or the attorney.

Charles Perry · Answer

You need to meet with a lawyer to figure out what's going on.  The probate does not need to stay open until you are 30.  The property   can be distributed to a trustee, who will hold it and manage it until   that time.  Title to the property should be in the name of the   trustee.  You also should be receiving periodic accountings from the   trust, and certainly can request such accountings.  Without more information and speaking to you, it is impossible to   provide you with more guidance.

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Who is the house supposed to be going to now that the estate is closed? Can my aunt sign her interest in the house over to me now?

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