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House out of trust unknowingly

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Junior Member
What is the name of your state? California

Hi, I was wondering if there’s a possible solution for the dilemma my wife and I are in?

Back in 1999, my mother-in law took a 1st mortgage out on her house, which she had put in a living trust 6years prior. My mother-in-law died in 2002, leaving her daughter the sole trustee of the trust and the house that was in the trust. My wife signed paperwork at the office of the lawyer that ministered the living trust, taking possession of the house and completing her assigned duties as trustee.

Three years later, we decide to refinance the 1st. The loan process was moving along smoothly, and then I received a call from the title company advising me that the title was in my mother in-laws name only and that the house was not in the trust, that I needed to start probate etc. Apparently the previous loan company failed to return the house back into the trust. I remember asking my mother in-law about that exact procedure, I asked, “Did they tell you that they would put the house back into the Trust?” “Yes”, she exclaimed!

Is there away for me to back the house into the trust, without erasing the trust actions, from when the house was taken out of the trust to today?



Senior Member
Why was the mortgage not paid off at her death unless of course the bank gave you permission to assume your MIL's loan agreement?

If this was not in the trust then was there a Will? If so who were the beneficiaries? Your wife alone? This could get messy based on those answers.

You need an Atty to get this all straightened out.

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