house titled in living trust - Posted by lawrence cramer

Posted by Mary on October 27, 2006 at 10:43:30:

because your mother has no will her estate will be disbursed thru the successon laws outlined in your States Statutes. You probably can look these up online, if not they’re probably located at your main library in your town and definately at the court house. As boring as it may be, reading your state statutes on probate will give you all the anwers that you need. Each state has different successon laws when no will in place. The laws are really not that difficult to understand. Remember when your mother dies the judge is going to do what the statute says, he or she is NOT going to be sympathetic and give you her whole estate just becuase you took care of her, (unless of course that is in the law!) You can find out now, or be surpried later.

house titled in living trust - Posted by lawrence cramer

Posted by lawrence cramer on October 26, 2006 at 10:32:51:

my wife has a living interest in the house we live in. can her deceased husband’s estates creditors force the sale of the property or does kansas’s homestead exemption protect her interest? thanks for this forum.

Re: house titled in living trust - Posted by larry capps

Posted by larry capps on October 26, 2006 at 16:14:40:

i have been taking care of my mmother since 1994 since my father has passed im the only child of of 12 thats has anything to do with her i keep the house up and her but she has no will and her and my fathers name are on the deed to the house even though he has passed i have put my money and invested alot of life taking care of her and her needs. My question is if she passes and has no will and his name is on the deed will his 4 other step kids get anything or the other 8 brother and sisters i have due to her not having a will and i am the only one taking care of her and putting all my time and money keeping her and this home up.

Re: house titled in living trust - Posted by Max-Va

Posted by Max-Va on October 26, 2006 at 13:18:40:

I am not A lawyer.
I have dealt with this before though.
I was told by my lawyer the property can be sold, but like a lease, the life estate must be honored by the new owner.

If foreclosure on the property terminates the life estate is for an attorney in your state. I believe state law is in play on this one.

the trust may devise the RE - Posted by John Merchant

Posted by John Merchant on October 27, 2006 at 18:26:57:

Frequently a living trust like you describe lets the surviving wife live in the property during her life but then distributes it to the children upon her death.

If this is what your Mom’s claim on the RE is, she doesn’t own full title to it, but only has title to her 1/2 that she has owned since the house was bought by her and your Dad AND a life estate in the other 1/2.

While she could deed you her 1/2, the other siblings would still own what the trust provided for them upon your Mom’s demise.

Since she apparently has the right to deed her 1/2 to you, I’d get that deed now while she’s capable of giving it to you

I’d advise you to find and read the trust (contained in your Dad’s will?) to see what it provides now while Mom is living.

Remember too that like the old saw goes: “Possession is .9 of the law”, meaning that even after her demise, if you’ve got the keys and live there now, the only thing the others could do would be to file a partition suit to force a sale and distribution of the property…and that’s a strong bargaining chip to make sure you do get your lawful share as a PA costs money to file and pursue.