• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Change in the trust? House?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

mcfadden

Guest
What is the name of your state?
Ohio. 1995 I was named executrix of my aunt's (recently deceased) estate. She had a trust drawn up and I was named trustee. All her assets (modest) were put in the trust. In 2001 she went to a lawyer who created a document saying upon her death the house passes to me. Document was filed with County Recorder. Question: Does the house belong solely to me or is it still part of the trust? Are the proceeds of the house part of the trust or does the new document superseed the trust?

Additional information you requested:
1. the trust is a revocable one
2. the document is a "Transfer on Death Deed"
I hope this helps. Thanks.
 
Last edited:


I AM ALWAYS LIABLE

Senior Member
mcfadden said:
What is the name of your state?
Ohio. 1995 I was named executrix of my aunt's (recently deceased) estate. She had a trust drawn up and I was named trustee. All her assets (modest) were put in the trust. In 2001 she went to a lawyer who created a document saying upon her death the house passes to me. Document was filed with County Recorder. Question: Does the house belong solely to me or is it still part of the trust? Are the proceeds of the house part of the trust or does the new document superseed the trust?

My response:

Without reviewing all of the documents, there is no way anyone here can answer your questions. I would suggest that you take all documents to your aunt's attorney for advice.

IAAL
 

Dandy Don

Senior Member
You should review the original trust document--if the house is mentioned somewhere within its pages, then its part of (and owned by) the trust. If it is not mentioned, then it is not included in the trust.

You may also want to consult with a real estate attorney to get your questions answered, but you may not even need to do that. There is no question that you are the actual owner of the home.

Your situation is confusing because we don't have access to all of the documents and we don't know the name of the specific document that you have that was drawn up in 2001. Is the house mentioned in the will?

DANDY DON
 

I AM ALWAYS LIABLE

Senior Member
Dandy Don said:
You should review the original trust document--if the house is mentioned somewhere within its pages, then its part of (and owned by) the trust. If it is not mentioned, then it is not included in the trust.

You may also want to consult with a real estate attorney to get your questions answered, but you may not even need to do that. There is no question that you are the actual owner of the home.

Your situation is confusing because we don't have access to all of the documents and we don't know the name of the specific document that you have that was drawn up in 2001. Is the house mentioned in the will?

DANDY DON
My response:

Dandy Don, how can you say in one breath "There is no question that you are the actual owner of the home" - - which is an absolute statement, and then in your next breath, you state, "Your situation is confusing because we don't have access to all of the documents and we don't know the name of the specific document that you have that was drawn up in 2001"?

Talk about "confusing."

IAAL
 

Dandy Don

Senior Member
I can say it because that is my opinion of the situation. Perhaps I didn't use exactly the correct language, but what I was trying to say was that there is no one else who could contest or challenge her ownership of the home. Even if the trust owns it, she still has control as trustee.
 

I AM ALWAYS LIABLE

Senior Member
Dandy Don said:
I can say it because that is my opinion of the situation. Perhaps I didn't use exactly the correct language, but what I was trying to say was that there is no one else who could contest or challenge her ownership of the home. Even if the trust owns it, she still has control as trustee.

My response:

Well, that certainly cleared things up for me, especially since we don't know what the 2001 document says, or whether the 2001 document has any superseding language in it from the "trust" document; e.g., a revocation clause.

And, if our writer is merely the trustee of the house, as you conclude, how then can you accurately state, "There is no question that you are the actual owner of the home." In my mind, there is still "a question."

We don't even know if our writer's aunt ever made the attorney in 2001 aware of the Trust document, and whether that Trust was revocable or irrevocable. The 2001 document may, in fact, be worthless - - depending upon the language of the Trust document.

My original response to our writer stands.

IAAL
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top