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my mom and dad are married and he signed a quit claim deed to her house giving up all rights.she did this because she said house is for her children. she passed away 2yrs ago and now he is the trustee. we both live there currently. help!!!
When someone passes away someone has to be the trustee for the trust that was established, or a personal representative for the estate. So your mom set up her assets in a trust, including the house. These assets need to be disposed of. So, if you can't afford to buy the house from the trust and it wasn't willed directly to you, then it needs to be sold. Selling it can mean putting it in another trust. The trust established by your mother cannot remain the trust on title.
I don't get what you need help with? You want to buy the house? Was it willed to you in writing??
Your mother seems to have placed her assets, including the house into a trust,. She made your father the trustee. I am correct so far ? The trust would establish who the heirs were in case of death.
The purpose of the trustee is to make sure that the terms of the trust are carried out. Normally after death, the trustee distributes the assets held in the trust. That would mean the house is transferred to the designated heir (s). Who are the heirs ?
However, it can get sticky. You have to read the trust language very carefully. Some trusts end when the person who wrote the trust dies- some don't. There are all sorts of ways for trusts to be set up.
The trust may have given your father a life estate. That means, for example, that he can live in the house until he dies and then the house passes to the heir (s).
You've really got to get hold of the trust document and read it. Perhaps your father was supposed to transfer the house and didn't. Then you need to speak to an attorney and to go to probate court to have the trust enforced. I think more is going on than you're telling us.
i need help because my father is saying that its his house and my mother did not leave it to her children! from my knowledge i don't know if my mom setup assets in a trust. how can i find out if she did? my mom did not leave my dad as trustee and i think he set that up him self. me and my siblings are wanting to seek legal advice on how to remove my dad as trustee.one more thing as far as the quit claim deed i kno that she had him sign it before she purchased it because whom she bought from made that a must.
Denise, that is different from your original post. Essentially you and your siblings have no idea what your mother did or did not do in regard to the house.
You know what you think her thoughts were but you don't know what concrete steps she took to follow through, if at all.
As previous posts note, you need an attorney to help you .
While you'll need to speak with a lawyer, it would help if you could gather any written documentation which might support your claim. Was there a will? (If so, has there been any action through probate court?) Do you have anything in writing from your mother? If the house was put into a trust, it should have been recorded at the County clerk or recorder's office that handles the recording of deeds. Even if a Quit Claim Deed had been signed by your father, it would also need to be delivered and recorded. You can check the County records for that, too.
As it stands now, without anything written to the contrary, it is most likely that your father will be deemed the rightful owner of the property. That's why you need to see a lawyer.
EDIT: How was title to the property held by your parents (e.g. Tenants by Entirety, etc.)? That may be a factor as well. That should be noted on the Deed when they acquired the property.
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