Trust Atty Made a Mess

[esorami]

What is the name of your state?What is the name of your state? CA

Our Trust Atty failed to add mother's new house to her living trust. Mother died and now the house won't be distributed (the funds from the sale of it) with her other funds. The house is still in my sisters name (she bought it and mother repaid her for it). We kept asking him to make mother the sole owner. He didn't. What are we to do now? The atty admitted he doesn't know what to do unless my sister draws up a will specifying what her portion is. I am the executor.

 

[seniorjudge]

What is the name of your state?What is the name of your state? CA

Our Trust Atty failed to add mother's new house to her living trust. Mother died and now the house won't be distributed (the funds from the sale of it) with her other funds. The house is still in my sisters name (she bought it and mother repaid her for it). We kept asking him to make mother the sole owner. He didn't. What are we to do now? The atty admitted he doesn't know what to do unless my sister draws up a will specifying what her portion is. I am the executor.

Rose, why didn't sis make a deed to ma during ma's lifetime?

How was the attorney supposed to make sis do anything?

 

[Dandy Don]

This is something mother should have taken care of when she made the repayment. Too late to do anything now, unless sister will sign a quitclaim deed agreeing to turn it over to the trust.

 

[esorami]

Rose, why didn't sis make a deed to ma during ma's lifetime?

How was the attorney supposed to make sis do anything?


We were following his instructions all along the whole living trust, buy/sell the houses process. He kept telling us we were ok, and that he would draw up a deed. We believed him. I really didn't understand the concept until i started gathering mothers assets and realizing what was going to happen.
So we could have done the deed on our own? We thought since it was part of her living trust only he could do it. Silly thinking i guess.
He admits that he made a mistake.
I guess that the estate account will close and when we sell the house I will distribute the house funds seperately since they won't be a part of the living trust.
LOL...am i making sense?

 

[seniorjudge]

If you think the lawyer caused you damage, sue him for malpractice.

 

[esorami]

This is something mother should have taken care of when she made the repayment.

Dandy, thanks for replying.
Mother had a stroke and we were taking of her, thinking that we had all her/our ducks lined up. Mother couldn't do any financial/business transactions.


seniorjudge... suing isn't really something i am favorable to unless it becomes really necessary.

 

[Dandy Don]

Is the trust attorney also the trustee or is the trustee someone else?

Does the trust mention that the house is supposed to be in it? If so, then the trustee can still get this done but I wouldn't use the current trust attorney to do it unless you can't afford to get another one. Trustee can get the quitclaim signed by the sister.