Real estate in Trust vs Will

[Jgn1230]

What is the name of your state (only U.S. law)? NY
Property deeded in my mother's trust
Mother died in 1999
Father was trustee and died in 2009 but never transferred the property from the trust into his name.
Leaving my sister and I as co- trustees of my mom's trust.
Property was inventory in my father's will.
So is Mom's trust property part of my father's will or is it in my Mother's Trust?

 

[tranquility]

What did the trust say in regards to the property?

Why do you believe dad should have put it in his name?

 

[Jgn1230]

What did the trust say in regards to the property?
Mom's trust said that the property shall be divided among the beneficiaries - my sister and I - with each of us as co-trustees and co-executors

Why do you believe dad should have put it in his name?

Because the property was listed as his property and put into probate court under his will where my sister is the sole executor. Trust property does not need to be put it probate, correct?

 

[Jgn1230]

What did the trust say in regards to the property?

Why do you believe dad should have put it in his name?

Trust said property was to be divided equally by the beneficiaries, my sister and I who were to be the co-trustees and co-executors.

 

[tranquility]

At the time of mom's death, what did the trust say in regards to the property in relation to dad?

 

[curb1]

What was the name on the deed when father died?

 

[tranquility]

What was the name on the deed when father died?

The property was deeded to his mother's trust per the OP. The reason the deed is not determinative is because if the trust called for the property to be distributed to father, but it was not, the trust's terms were violated and the property would probably be forced to be distributed to father for distribution through probate according to the will.

 

[justalayman]

The property was deeded to his mother's trust per the OP. The reason the deed is not determinative is because if the trust called for the property to be distributed to father, but it was not, the trust's terms were violated and the property would probably be forced to be distributed to father for distribution through probate according to the will.

I don't see anything where the property in the trust was to be transferred to dad.

The statement of the property being included in the inventory of dad's estate suggests that may be what was supposed to happen but it could also simply been an error.

this suggests it was an error to consider it part of dad\s estate:

Trust said property was to be divided equally by the beneficiaries, my sister and I who were to be the co-trustees and co-executors.

 

[tranquility]

I don't see anything where the property in the trust was to be transferred to dad.

The statement of the property being included in the inventory of dad's estate suggests that may be what was supposed to happen but it could also simply been an error.

this suggests it was an error to consider it part of dad\s estate:

I don't either. But, I tried to ask specific questions to find out first. If the trust did not require distribution to father, I don't see why the probate court would be able to have any jurisdiction over the property. Since the court must see a deed at some point to transfer to the beneficiary, I'm sure it will be all straightened out then.

 

[justalayman]

I don't either. But, I tried to ask specific questions to find out first. If the trust did not require distribution to father, I don't see why the probate court would be able to have any jurisdiction over the property. Since the court must see a deed at some point to transfer to the beneficiary, I'm sure it will be all straightened out then.

I think that is the basis of the issue. I don't know why 4 years after father's death this is an issue but it sounds like it is a current disagreement between the two siblings.

 

[anteater]

Because the property was listed as his property and put into probate court under his will where my sister is the sole executor.

Passive voice is bad form. Property does not list itself. Nor does property put itself "into probate court."

Someone identified the property as a probate asset and included it in the inventory.

 

[curb1]

I am curious what Dad's will says in regards to the property(not that it matters)? That must be what has created the split. Regardless, unless the trust says something about the distribution of the property, the house probably is still with the trust and OP is correct.

Seems a little strange that mother had her own trust and father did not. I think there is much more to this story.

 

[Jgn1230]

I am curious what Dad's will says in regards to the property(not that it matters)? That must be what has created the split. Regardless, unless the trust says something about the distribution of the property, the house probably is still with the trust and OP is correct.

Seems a little strange that mother had her own trust and father did not. I think there is much more to this story.

The property was always the mother's name and was transferred into her trust when she created her trust.
Her trust does not list the Father as a beneficiary only the children.

At the time of the Father's death the property was still deeded in the Mothers trust.

How could the Father list the property as inventory in his will if it was deeded to the Mother's trust?

 

[justalayman]

How can HE list?

He can list anything he wants to list in his will but if he doesn't own it, it is meaningless. I'm going to will the Taj Mahal to one of my children and Windsor palace to the other. I have no ownership interest in either but that doesn't mean I can't list them. Obviously I cannot give something away I don't own but that doesn't stop me from listing it

 

[anteater]

The property was always the mother's name and was transferred into her trust when she created her trust.
Her trust does not list the Father as a beneficiary only the children.

At the time of the Father's death the property was still deeded in the Mothers trust.

How could the Father list the property as inventory in his will if it was deeded to the Mother's trust?

Does Father have any other property that is subject to probate?

If so, sister should just submit a revised probate estate inventory.

If not, she could simply withdraw the petition for probate.