Does a house owned by quitclaim deed still belong to a Trust?

UPDATED: Nov 18, 2011

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Does a house owned by quitclaim deed still belong to a Trust?

My mother signed a quitclaim deed 13 years ago which gave the house to her children. At the same time she set up a Trust. The house will now be sold. Who gets the proceeds of the sale – the owners of the house or the beneficiaries in the Trust?

Asked on November 18, 2011 under Estate Planning, New York


Michael D. Siegel / Siegel & Siegel, P.C.

Answered 11 years ago | Contributor

The owner of the house.  There are other complexities here, as title from the quitclaim deed might not be deemed good.  If you are a trust beneficiary, and are trying to stop this sale, you must move ASAP in court to get a lien on the house.  Once the closing happens, and the money is gone, there is much less you can do about it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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