How do I Disburse the estate in my Mothers Trust?

Question

I have a copy of the trust, will, and the original title. I was told that if my Mother "Funded the trust" that the Trust would be effective and I could avoid probate. As far as I can tell, she did everything she had to.
How does the executor go about disbursing the house in the trust? It goes to her two daughters, the executor and I. My mother died almost 6 years ago and I'm trying to figure this out, because the executor has not acted on anything. I need this house in my name ASAP or I will soon lose it. Thanks in advance.

Answer 1

It depends on how the house is titled and what your state laws say.

In Missouri if the house is titled in the trust then the trust technically owns it, not your mothers estate. Assuming she was the trustee you would need to read her trust and determine what her trust states happens in the event of her death.

If the property was titled in her name and not the trust itself then I would have to see the probate case to determine exactly how title needs to be conveyed. Generally either the probate case clearly states who gets the property, in which case a certified copy of those court documents recorded in your county recorder's office is sufficient to convey title to the heirs. OR a judge may appoint a personal representative (which is generally the executor)to convey title.

Without knowing the exact details, I would assume that if the executor is supposed to be doing somthing in regards to the conveyance and they are not then you might be able to contest their lack of action.

Keep in mind I am not an attorney and these rules apply only in the State of Missouri so to be sure you should definitely contact an attorney in your area to be sure.

Answer 2

You definitely need an attorney, sooner rather than later. Also, though it will cost money, there is no point in trying to evade probate--had the will been probated in the first place without all this hee=hawing around, I suspect that the whole matter would not have dragged on for six years. Instead, the probate court would have held executor's feet to the fire to get things done in a timely fashion, as would attorney.

Answer 3

Contact an attorney to see if you can be the executor of the will. Usually if one person is unable to fulfill there obligations there is one named after that person so you can move on.

Answer 4

Your father's components have been interior the residing have faith and he handed directly to the finished beyond. Assuming you have dealt with any federal and California belongings taxes then any distribution from the have faith could basically be taxable to the quantity that the components interior the have faith earned earnings. If there is a few pastime earnings each baby could pay tax on their share that they receive however the biggest element of what you get is earnings tax unfastened the two federal and state. the quantity you receive tax unfastened is according to what your share of the have faith is in spite of the incontrovertible fact that that's any quantity as much as thousands and thousands.

Answer 5

You need a lawyer. This is nothing to be tyring to "figure out" by yourself.