If my mom put her home in a Trust and named herself as trustee but she has since passed, what should I do with the house?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my mom put her home in a Trust and named herself as trustee but she has since passed, what should I do with the house?

Asked on June 11, 2013 under Estate Planning, Nebraska

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 10 years ago | Contributor

Your mother probably signed a written trust document or Trust Agreement. Look at that document to see who is the Successor Trustee after your mother passes. If it names a successor trustee, that person or company is responsible for the house (and any other assets the trust holds) and should sell or manage the house for the benefit of the beneficiaries named in the trust.

If the trust does not name a successor trustee (or even less likely, if there is no trust document), you will have to petition the probate court to appoint a successor trustee. You could ask the court to appoint you as successor trustee. 


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption