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Mother died left sister and myself then sister died before probate was through

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Lucille Ennis

Junior Member
What is the name of your state? California
My Mother had a living trust, but neglected to put her last house on it. My sister and I were joint trusties to the trust and named in the (pour over will) to handle probate. Mom died on Oct.22 2005. My sister died on Jan 31, 2006,prior to probate being finished. Sister died without a will. Sister had husband put on stock accounts and cd account, that were under the living trust. Sister also had a son who has signed away his right of interhertince to his dad. Question is my sister and I had agreed that when probate was finished I would have the option to buy her out of Mom's home and I am living in the home making the mortgage payment. Will the house now have to go through another probate due to my sister's death?
 


Dandy Don

Senior Member
Apparently you and your sister did not have the advice of a trust attorney, which is who you need to be consulting now.

The purpose of the pour-over will is to retroactively claim any asset that was mistakenly left out of the trust, so only your trust attorney can tell you what you need to do now to get the home titled into the trust.

DANDY DON IN OKLAHOMA ([email protected])
 

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