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nosduh

Junior Member
What is the name of your state? CA

My grandmother setup a trust for her estate and when she passed away 4 yrs. ago my father became trustee. He has since passed away recently without a will or trust and had not transfered many items (house, cars, etc.) out of her name. How do we liquidate the assets he had with my grandmothers name on them? He had an offshore account that we will need to access also? What happens with the trust that she setup? Does it get handed down to my sister and I? What do we need to do and where do we start?
 
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Dandy Don

Senior Member
Do you have access to the trust documents?

Do you have specific names of the banks that are holding the offshore account monies?

Start with an attorney who has experience with both trust and probate matters. Any and all documents that you have will help your situation when you talk with the attorney.
 

nosduh

Junior Member
Trust Docs / Offshore info.

I do have a portion of my grandmothers trust documents but it doesn't look like it is complete? Same with her will? The offshore account is on the Isle of Mann and is
through Scottish Provident International - Tyndall Bank International. The trust
was set up as a Family Trust but the home with my grandmothers name on title
was not specifically named in the trust? Does it have to be in order for it to be included
in the trust? The bottom line of this all is my sister and I want to sell the house without
having to go through probate. Does probate apply if my grandmothers estate was
settled / distributed 4 yrs ago? We just don't think we could afford making payments
on the house while we wait for probate.
 

tranquility

Senior Member
The trust
was set up as a Family Trust but the home with my grandmothers name on title
was not specifically named in the trust? Does it have to be in order for it to be included
in the trust? The bottom line of this all is my sister and I want to sell the house without
having to go through probate. Does probate apply if my grandmothers estate was
settled / distributed 4 yrs ago? We just don't think we could afford making payments
on the house while we wait for probate.
You have a big mess. Is the executor of the estate still alive or was it your uncle as well? The answer changes the difficulty of the situation. If the executor is alive will need to reopen probate and the house will need to flow through the estate, or, the successor trustee will need to file a Heggstad petition to try to get the house into the trust so the trust can distribute it. However, after 4 years it is unlikely the title can be transferred to the trust.

That means the most likely is that it is in the estate. If the executor is deceased, you...as I look at what I wrote, I notice things are going to get more and more complicated. The bottom line is that you need an experienced attorney. Period. The problems are great and it is not going to have a quick or easy answer and the answer will not be able to be completed by you alone.
 

nosduh

Junior Member
Thanks For The Info

I was afraid of that. We have been calling attorneys and they have said they're too busy
or the case was to complicated to get involved with. Do you see a problem with me
accessing the trust? The trust should not have to go through probate right? I just want
to recoop the money for funeral expences. I'm not really looking to profit from any of
this. Also how do people keep paying for someones bills and mortgage while in probate?
Doesn't seem fair and i'm not sure if I can even do it?
 

tranquility

Senior Member
You need to think of the trust and the estate as two different "people". The estate's assets, those things in grandma's name and ownership, are distributed by the executor according to intestate succession or will by a process called probate. The assets owned by the trust are distributed by the trustee according to the terms of the trust. A trust does not go through probate per se. (Although certain trust assets can be used by the estate to pay creditors.)

Since the trustee has died, there needs to be a transfer of legal (not equitable) ownership to the successor trustee. The trust should name who/what this is. Most good trusts will list another trusted person as a successor trustee and can list others as well--it will then list a probably long-lasting institution (like a bank) to make sure there will always be someone who can be the trustee. If not, you have an even more difficult problem at hand. You need to get a copy of the trust and find out the successor trustee to initiate proceedings to become trustee because of the death of your uncle. If you are not the named successor trustee, you cannot do anything at this time. Once this transfer takes place, the new trustee can distribute from the trust according to the trust documents. It is unlikely the documents will allow the trust to pay costs of the estate--but it may.

The estate will need to be opened in probate. If it has not been opened yet, you can do this yourself by petitioning the court. If named executor, you can pay funeral expenses from the estate and deal with the property appropriately. (You will need permission from the court to do certain things.) If the estate was already opened years ago by uncle, it is very likely the estate was closed. I would have to look things up to find the process to appoint a new executor in a closed estate, but it would require a new motion of some sort. Then, a motion would be needed to reopen the estate and then a motion to add the property of the house to it.

Even talking to the bank to explain the situation may be difficult because of privacy issues in the hope they will, rather than foreclose, negatively amortize the loan until control of the property is had and a sale can be made.

If you have a reason to believe the house should be in the trust, and can prove it, I might try to get a trustee of the trust. Then, have the trustee try to petition the house into the trust. But that's because it would be easier. While often done, it is not routinely granted, even if you have good proof of intent, depending on the court.
 

Dandy Don

Senior Member
Contact the company with the offshore account (do a Google search and you should be able to find a website or phone number online) to see if they will release those funds.
 

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