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house never went through probate

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valhalla

Junior Member
What is the name of your state? PA

The trustee of my father's trust sold the house that was to go to my daughters and myself as stated in the trust. The house never went through probate. I looked the deed up in PA and found that he added his name to it, in addition to my parents. I have the original deed and sales agreement. What can I do? Was it legal?
 


valhalla

Junior Member
signed agreement

The trustee had signed a settlement agreement and everyone except myself have received their distributive share. He will not send me the check until I sign the waiver. What should I do now? His attorney has asked him to overnight it to me, so I don't know what to do. The waiver is to close the probate in FL, however, half of the items on the waiver I do not agree with. Nothing went through probate, but he paid himself $27k and the estate attorney a significant amount for a probate that had nothing in it.
 
What is the name of your state? PA

The trustee of my father's trust sold the house that was to go to my daughters and myself as stated in the trust. The house never went through probate. I looked the deed up in PA and found that he added his name to it, in addition to my parents. I have the original deed and sales agreement. What can I do? Was it legal?
First, if the house was in the trust, then it would not be part of the probate estate hence NOT probated. Second, since we don't have a copy of the trust to see I'm going to have to make a guess here, but it is possible that the trust states that distributions of the trust are in percentages of the trust assets rather than specific items. If that is the case then the trustee is well within bounds to sell the house and distribute the proceeds accordingly. You also state the deeds lists the owners of the property to be your parents and the trustee, so, if the deed is "joint tenants with right of survivorship" then the house is neither a probate nor a trust asset .. it's the sole and immediate property of the trustee after the death of your parents. The trustee is not answerable to you or any other beneficiary in this case. And since a deed requires the signatures of the grantors (your parents) they obviously knew what they were doing and my opinion is you have no claim on this particular house.
 

valhalla

Junior Member
Take your paperwork to a local attorney who can review it and advise on what options, if any, are available to you.
WAS THAT LEGAL FOR THE PER REP TO SELL A HOUSE THAT NEVER WENT THROUGH PROBATE AND WAS IT WAS EXPLICITLY STATED IN THE TRUST THAT I WAS TO HAVE THE HOUSE?
 

Zigner

Senior Member, Non-Attorney
WAS THAT LEGAL FOR THE PER REP TO SELL A HOUSE THAT NEVER WENT THROUGH PROBATE AND WAS IT WAS EXPLICITLY STATED IN THE TRUST THAT I WAS TO HAVE THE HOUSE?
Why do you think that shouting will change the answers.
As was stated above, if your parents added someone as JT w/ROS, then you are out of luck. The house was NOT part of the Trust and was NOT part of the estate.
Otherwise, take the documents to a local attorney. Your situation is beyond the scope of this forum.


EDIT:
In your first post, you state the house was to go to you and your children. Then, later, you state is was supposed to go to YOU. If it was supposed to go to you AND your children, then it made sense to sell it and distribute the proceeds.
 

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