Title to Home secure? - Posted by Marj Cassidy

Posted by Been There on March 27, 2005 at 24:20:48:

What’s troublesome here is that you really don’t give enough details to know whether your interest in the property is correct. For instance, do you know for a fact the details of this trust? Were the children named beneficiaries of this trust rather than heirs? What “power” did your husband have on the part of the trust to deed you an interest? Did your husband comply with the trust rules when he deeded the interest? Was the interest deeded correctly to you such that if the children have a question about it in the future it can be answered in a legally correct way?

The bottom line here is that you were deeded a half interest which now is not something that could be inherited by the children, who prior to this act stood to inherit 100%, not 50%. Granted, you presumably gave consideration, which should now be a part of your husbands estate. But was the consideration sufficient?

Alot of questions here, the details of which are not in your post. I would take your question to a local real estate attorney, have him look all of this over to make sure everything has been done correctly. It’s going to cost much less to check things out now than to have to battle this out with the children later if things have been done improperly.

Don’t be overly concerned…you just haven’t given even a portion of the needed information to answer this question.

Been There

Title to Home secure? - Posted by Marj Cassidy

Posted by Marj Cassidy on March 23, 2005 at 15:40:50:

My husband and his late wife held title to their home in joint tenancy. He did not “probate” after her death but wrote a family trust naming his children as heirs to the home. As his second wife, I bought into the home and placed that 1/2 interest (tenants in common)in my existing trust. Since he signed & acknowledged my purchase of 1/2 interest, can any problem surface in my retaining my 1/2 interest in the home, should I be the surviving spouse?

Re: Title to Home secure? - Posted by Natalie-VA

Posted by Natalie-VA on March 31, 2005 at 09:39:59:

Did he actually deed the property into his trust?

After that, did you actually receive a deed from his trust to your trust?

I’m not an attorney, but just because he put something “in writing” doesn’t mean you won’t have a problem later.

This is worth $200 to take to an attorney who specializes in estate planning.