trusts

[miley99]

What is the name of your state (only U.S. law)? Arizona. i am executor of my deceased mother's trust.the deed for her property was never put in the trust's name although the property is mentioned in said trust for me to sell and equally divide among siblings. i have a buyer that wanted to close escrow the 14th but may back out as i cannot legally transfer title with said deed still in her name .any suggestions?What is the name of your state (only U.S. law)?

 

[anteater]

Very quickly consult with a trust/probate attorney to see if there is any expedited procedure that would allow the property to be considered as part of the trust even though title was not transferred to the trust.

Otherwise, you will probably have to open probate.

(The person who administers a trust is called a trustee, not an executor.)

 

[tranquility]

You need an attorney.

In California, it's called a Heggstad petition (based on a case of the same name). In essence, you are asking the court for an equitable remedy to retitle the property into the name of the trust because that was the deceased's intent. Even with an attorney, such petitions are being granted less and less.

Otherwise, you are going to have to treat the property as being in the estate and the trust being unfunded.