Follow
Share

Not sure what I need mother had living trust need to get property out of her name and into mine. Not sure if it can just be transferred or if needs to go to probate. Need low cost or pro bono

This question has been closed for answers. Ask a New Question.
Find Care & Housing
At my local probate courthouse/office, they have people on site to assist with basic paperwork and questions. If it's deed-in-trust, and your mother passed, you can almost certainly bypass probate court procedure, but asking them what to do might help. Getting a consultation with an attorney - even over the phone or online - is money well spent here. It likely wouldn't cost much and you'd learn what you need to do.

I have received a few hours of elder attorney advice at no cost by sending contact inquiry forms online (that you fill out on their websites after searching for, in your case, "real estate attorney" or maybe "probate attorney") and asking about my caregiving situation. They're likely to give you a simple answer for free.
Helpful Answer (0)
Report

You need a lawyer. NOW. Unless you know how to do probate on your own, and know how to read the trust documents, you get a lawyer to handle this.
Helpful Answer (0)
Report

Your question really can't be answered w/o further information.

1. If the property is still in your mother's name, it wasn't funded into the trust. So it wouldn't be covered by the provisions of the trust.

2. Why do you want to have title conveyed to you?

3. If your mother is getting Medicaid or might in the future, conveying title to you isn't a wise idea. Igloo and others can elaborate more on this if Medicaid is a factor. I'm not that knowledgeable on Medicaid beyond a little big of information.

4. Whether or not the property is titled solely in your mother's name or jointly with anyone would affect whether it needs to be probated.

5. Avoiding probate is one of the reasons for a living trust. If the property hasn't been transferred to the trust (as asked above), is there some specific reason for this?

6. What are the real issues that concern you?

7. You're not going to get enough legal advice on a public forum to constitute legal advice on which you can rely - we can't possibly know all the facts. Advice is free, but it's probably not what you're looking for.

And I'm not sure anyone would provide pro bono service to transfer property on without knowing a heck of a lot more about the situation, and more specifically without meeting with, discussing and confirming your mother's agreement to the transfer. That's absolutely critical.
Helpful Answer (3)
Report

This question has been closed for answers. Ask a New Question.