Gaining access to property I inherited

[Zigner]

Two actually.

The one in La Salle County has a population of 20.

There's one in Hidalgo County as well but has been subsumed into the encompassing city of Linn.

Funny - There are more people in a one residential block area of L.A.., CA than in all the other US cities called Los Angeles combined.

 

[Tankertoad]

I have both the deed and the trust docs. The deed has me and my mother's trust as co-owners. I'm not sure about probate, as my mother did not contest after 120 days. I will find a real estate attorney with estate experience as I don't see any way of gaining access to assess condition, etc. without a court order.

Can she refinance without my permission?

 

[justalayman]

I have both the deed and the trust docs. The deed has me and my mother's trust as co-owners. I'm not sure about probate, as my mother did not contest after 120 days. I will find a real estate attorney with estate experience as I don't see any way of gaining access to assess condition, etc. without a court order.

Can she refinance without my permission?

How did you get a deed like that? When you're parents trusts became owners of the property individually from each other, any subsequent deed will have only one trust or the other as grantor and there would be only the grantee to whom the grantor would be transferring their interest to. In other words, your mother or her trust would not even be mentioned on a deed with your father's trust as grantor, unless of course he split ownership of his share between you and your mother (or her trust). That's what it sounds like had happened from what little you have provided. If so that would mean she owns 3/4 interest in the property.

So who is the grantor on the deed you have and who executed the deed?


I don't know what you are referring to that your mother didn't contest within 120 days. Has probate ever been opened for your fathers estate? If not somebody will have to do that if you wish to enforce the will.

 

[Tankertoad]

All of my father's non-real assets were placed into an irrevocable living trust and his 50% of the real estate into an IDIT so no probate is required. I, as the trustee, distribute assets as directed.

 

[justalayman]

All of my father's non-real assets were placed into an irrevocable living trust and his 50% of the real estate into an IDIT so no probate is required. I, as the trustee, distribute assets as directed.

So you're saying it wasn't a living trust which by definition is a revocable trust. Ok.

So are you saying you granted the share held by your fathers trust to you AND your mothers trust? If so you have given her 1/2 of what your father owned. That means you now hold 25% share and she holds a 75% share of
The property.

Now you say all assets were held by a trust but previously you said you "don't know about probate" and that your mother hadn't objected (to what is unknown) within 120 days. What didn't she object to?


You also refer to an estate attorney and, for some unknown reason, involved himself in the trust issues by demanding trust assets from your mother.

Your continual writing of confused and confusing comments suggests nothing short of engaging an attorney is needed here. You will want them to file an action with the courts seeking an order demanding your mother relinquish your property.

 

[Tankertoad]

Sorry for the confusion. I am going off a lot of what was told to me last year. Yes, I agree an attorney is in order. As to my later question, if I and my mother's trust share the deed but only she remains on the mortgage, can she refi without my concurrence?

 

[justalayman]

Sorry for the confusion. I am going off a lot of what was told to me last year. Yes, I agree an attorney is in order. As to my later question, if I and my mother's trust share the deed but only she remains on the mortgage, can she refi without my concurrence?

If a lender would let her, yes but since she can encumber only her share, most lenders would not extend credit on a property without all owners assigning their rights to the lender in case of a foreclosure.

Even though only she is named on the mortgage you do not escape without personal liability for
The mortgage. You do not get to increase your equity in the property due to her paying the mortgage which is what would happen if only she paid the mortgage. You are liable for your share of the mortgage costs going forward.

As to the personal assets that were held in trust; I sure hope each item you are concerned with is listed seperately. That is the only personal assets you have a chance of claiming. Given the separation years ago anything not listed is likely to be considered your mother's.


And it still makes no sense you and your mother's trust would appear on a common deed. Your fathers share held by his trust, if transferred to you only, should have had his trust as grantor and you as grantee. Your mother or her trust would not be named at all on that deed. You stating her trust is named suggests you really don't know what is going on with title to the property.