What are my rights to a property if there is no formal document from my grandfathers will? 7 Answers as of July 12, 2013My question is in regards to my grandfathers estate and I am writing on behalf of my mother. My grandfather passed away two months ago and did not create a formal trust. The only thing my grandfather created was a three page notarized last will and testament that names my mother as the sole executor of his properties, bank accounts, etc. My grandfather only had two children, my mother and my aunt. My mother is attempting to do as my grandfather wanted and has filed for an EIN to begin opening an account in the estate name. The bank is requesting copies of the formal trust. They have been provided with the only document left by him, what other information or forms would they require? Would it be too late to establish the trust and is it necessary? My second question is that the will and last testament also states the executor can sell the properties without notice only subject to such confirmation of the court as required by law. The properties have multiple owners on the title. Does the executor need all owners to agree or can she sell as stipulated and distribute the money as stipulated in the document if the sale occurred?
The Coyle Law Office | T. Andrew Coyle
First, you cannot transfer the property into a trust on behalf of your grandfather. Second, you may want to consult with a local attorney because it sounds like the will prepared by your grandfather is not proper (depending on state law - there are certain witness requirements).
Answer Applies to: Illinois
Komanapalli Massey LLP | Mark A. Massey, Esq.
It is difficult to answer your questions without engaging in some serious legal research. I suggest that your mother invest some of her father's estate funds in a knowledgeable estate planning/probate attorney such as Komanapalli Massey LLP can provide, in order to seek assistance with this matter from the probate court. A skilled probate attorney and the probate court would be of tremendous assistance and relief to your mother. To answer your question about the sale of jointly owned real properties, absent some express, written contract between the co-owners of a particular parcel of real property, one of the co-owners may force the sale of the property with each co-owner being entitled to either an equal share of the sale proceeds,or that equitable share to which his or her investment entitles them.Again, however, I cannot stress enough the relief your mother will know by simply investing some of the estate funds, which she as administrator or executor is entitled to do, in order to employ a probate attorney to take these issued before the probate court for resolution. She cannot sell the properties, for instance, without requesting permission of the probate court anyway, unless all co-owners agree that she may place it on the market. Even in the latter case,though, she might end up with no end of problems from one or more of those co-owners.A probate attorney could give your mother peace and greatly simplify her task. Remember, Komanapalli Massey LLP can assist you with all of your estate planning, testamentary and trust issues, including probate litigation, and other legal needs. Put your mind at ease by giving us a call today!
Answer Applies to: California
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
Without having all of the information at hand the first question is difficult to answer. However, assuming the will did not create a trust and no trust was in existence at the time of his death, it would appear that everything would need to pass by the terms of the will. Secondly - If there are multiple record owners of the properties in question, your mother would need to get their permission to sell the properties as she only has authority as to your grandfathers share in the real estate.
Answer Applies to: Connecticut
Law Offices of Brian Chew | Brian Chew
Unfortunately without a living trust owning the properties owned by your grandfather, your Mother will not be able to sell or distribute the properties until she is officially appointed as the executor by a probate court. It is too late for a trust to be created. She should probably consult with an attorney to have the probate opened. Once she is appointed executor she can sell the properties but if there are other owners she may would have to go to to court again in order to force the sale.
Answer Applies to: California