Full question:
I own a house that is paid off. My father is still on the property title and he passed away 03/11/2007. In the living trust he had put me as the trustor but never put joint tenancy. How do I take his name off without going through the courts?
- Category: Wills and Estates
- Date:
- State: National
Answer:
The answer depends on whether the house was put in the trust of not. If it is in the trust, the trust would need to follow the instructions in the trust document for transferring a deed. Property transferred through a trust is typically done through a trustee's deed and passes outside the probate process.
If it's not in the trust, the answer depends on whether he executed a will or not. If he died without a will, an administrator will be appointed to dispose of the property. If he died with a will, the executor is responsible for disposing of the assets. The executor or administrator may create a fiduciary deed transferring the property into your name. In some cases where the property of ; the estate is under a certain value, a summary administration may be applied for, which avoids all the formalities of formal probate procedures.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
