What can I do if my husband died 3 years ago and I am not on the title but make the mortgage payments and he had a trust naming me the trustee? 20 Answers as of February 25, 2014

The home is in my husband’s name and he was the sole owner of the house. In his trust, he named me as the trustee of the estate. I hired a trust attorney and he was supposed to put the deeds in my name. I have no idea if you actually did this. The attorney has not returned my calls and has turned out to be a flake. I have been making payments on time and want to pay off the house entirely. How do I pay off the house and get the title in my name? Do I work directly with the bank to do this or do I need to do something else? I think a quit claim was done by the attorney that I hired but not for sure. All I want to do is on the home out right. I don't want to lose the home and deal with a greedy bank that will take the home from me completely even though I've been making all of the payments on time and even making triple payments. Please advise me on how I should go about paying off this house without getting burned.

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Law Office of Pamela Braynon | Pamela Y. Braynon
First off hire another attorney. Get recommendations of an attorney. I would be unable to answer your question without looking at the trust document itself. There may be instructions in the trust that directs you as to how to handle the property.
Answer Applies to: Florida
Replied: 2/25/2014
Stephens Gourley & Bywater | David A. Stephens
To get the deed in your name, you would need to probate the home, or if it was in the trust, you can deed it out of the trust, as the trustee.
Answer Applies to: Nevada
Replied: 2/21/2014
Law Office of Nathan Wagner
Law Office of Nathan Wagner | Nathan J. Wagner
You work directly with the bank to pay off the mortgage loan. They cannot take the house as long as you are current on the payments. When the loan is paid off, the bank gives you a Satisfaction of Mortgage (or a similar document the document has different titles in different states), which should be recorded in the county recorder's office. You also need to find out whether the house has been transferred into your name. A local real estate attorney or probate attorney can help you with this, or you can go to the county recorder's office to find out whether that quit claim deed has really been recorded.
Answer Applies to: California
Replied: 2/21/2014
The Center for Elder Law
The Center for Elder Law | Don Rosenberg
This should not be a problem. I assume your husband had a will which would pour assets into his trust. The probate is not expensive and the process is called an informal probate administration. There is no other way that you can get the title to the home into his trust's name or possibly yours if he did not have a will.
Answer Applies to: Michigan
Replied: 2/21/2014
Strickland Law, PLLC
Strickland Law, PLLC | Jeffrey S. Strickland
If the house was in his name only, then you need to open a probate estate (Davidson County and many others require a fiduciary have legal counsel). If in the name of the trust, then as trustee you follow the trust language.
Answer Applies to: Tennessee
Replied: 2/21/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    The bank cannot transfer title; they are only interested in getting their payments. It is not terribly complicated for a lawyer to transfer title. It's just a matter of preparing and recording certain documents. If you have a question as to whether or not he has done his work, any real estate broker can check how title stands. Many lawyers charge 1% of asset value to administer a trust. However, it's negotiable.
    Answer Applies to: California
    Replied: 2/21/2014
    Gates' Law, PLLC | Thomas E. Gates
    If a Quit Claim was exercised from the Granter (your husband/Trust) to you (Grantee) and filed with the Auditor, then the house is owned by you. While you are the Trustee of the Trust who is/are the beneficiaries? If the Trust holds title to the real property, then the house will belong to the beneficiaries. The bank cannot demand that you accelerate payment of the mortgage. All they care is that they receive the payments as specified on the loan.
    Answer Applies to: Washington
    Replied: 2/21/2014
    Frederick & Frederick PLC | James P Frederick
    You can check to see if the deed was recorded by checking the real estate records for your county. Most county register of deeds offices have online records you can search. If you paid the attorney to prepare a deed and to record it and this was not done, then the attorney should make it right, in my opinion. As for the bank, there is nothing they can do. As long as you continue to make payments and keep the mortgage current, they are required to deal with you and to allow you to pay off the mortgage. It sounds like you are in a very solid position and just need to follow through to make sure that your attorney did what he was supposed to.
    Answer Applies to: Michigan
    Replied: 2/21/2014
    Estrada Law P.C. | Michele Ungvarsky
    Is it possible that the trust owns the home? Are you a beneficiary under the trust as well as a trustee? Are you entitled to the trust assets as a result of your husband's death? You should see an Estate Planning Attorney to have that person tell you what the trust provides for and what you may be entitled to under the terms of the trust. I would not be too anxious to transfer the trust to your name if you are the beneficiary of the trust, that action would destroy a lot of good protections you might enjoy.
    Answer Applies to: New Mexico
    Replied: 2/21/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If the house was not transferred to your husband as trustee of the trust, then you will need to probate your husband's estate. Normally there would be a "pourover" will, which simply says "all to the trustee of my trust," so the house would end up in the trust through the mechanism of probate.
    Answer Applies to: Oregon
    Replied: 2/21/2014
    Terrell Law Office L.L.C
    Terrell Law Office L.L.C | Joshua T. Terrell
    Dear Trustee I believe your only choice here is to hire another lawyer. Without seeing all of the deeds, and the Trust I could not give you any advice as your situation could be delicate.
    Answer Applies to: Missouri
    Replied: 2/21/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You need to hire another attorney to assist you. There may be other issues that need to be addressed. First and foremost the house may need to go through probate to get into the Trust, if it is in your husband's name. You need a qualified attorney who will respond to your needs. Best of luck to you.
    Answer Applies to: Nevada
    Replied: 2/21/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Suggest you obtain the services of a estate planning attorney to advise you as to the appropriate course of conduct for which you are trying to achieve.
    Answer Applies to: California
    Replied: 2/21/2014
    James Law Group
    James Law Group | Christine James
    Simply call an attorney and have them find out how the house is titled. If it is in your name, you will have no problems. If it is not, the attorney should be able to do what the other attorney did not, and get it there pretty easily. Unfortunately you will have to trust another attorney to get where you want to be.
    Answer Applies to: California
    Replied: 2/21/2014
    Law Office of Peatsa C. Wallace | Peatsa C. Wallace
    You mention that your husband had a trust and you are the trustee. Was this a trust that was included in your husband's Will (testamentary trust) or was the trust a stand alone trust (inter vivos trust)? Did your husband transfer the home into the trust before his death? Did your husband have a Will? The answers to these questions will determine what needs to be done to transfer the house into your name. If the house was left to you through your husband's Will, then the Will needs to be probated and an Executor's deed prepared to transfer the home to you. If the home was deeded into your husband's trust, the trustee would deed the house to you (if you are the beneficiary) according to the terms of the trust. You can go to the records room in the county where the home is located and find out whether a deed has been recorded giving you ownership to the home. This is not something you do with the mortgage company. You may want to send a letter to the attorney you hired (send by certified mail) and ask your questions. If he does not respond in a reasonable time, you may want to hire another attorney.
    Answer Applies to: Georgia
    Replied: 2/21/2014
    Kirby G. Moss PC | Kirby G. Moss
    If there was no will, the house may go to you per intestate succession if no surviving children. Check with a lawyer.
    Answer Applies to: Indiana
    Replied: 2/21/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    Your rights depend on the content of several documents. Deed to the House: Was you husband the sole owner or was his trust the owner. Last Will and Testament: Did your husband have a Will. If so, and if he was the sole owner of the house on the last deed, did the Will specifically bequeath the house to someone. If a Will and no specific bequest, to whom or what was the residuary estate bequeathed? The trust? If no Will and he was the sole owner of the house on the last deed, did he have any children born to or adopted by him? The Trust: If the house was in the Trust, either before he died or pursuant to the terms of the Will, who is to receive the House under the terms of the Trust? Did the attorney prepare the Quit Claim Deed after your husband's death? Did you sign the Deed? Have you checked the public record to see if it was recorded?
    Answer Applies to: Illinois
    Replied: 2/21/2014
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    I'm sorry you seem to have had a bad experience with an attorney... but, you did start out the right way. You need to retain an attorney to advise you, as the Trustee of your husbands trust, as to what you need to do and how to do it, as the trustee, to comply with the terms of the trust. I do not know if the trust allows you to become the "owner" of the house.. it might be that you are entitled to use and enjoy the house during your lifetime and then it go to others after you die. As Trustee, you need to comply with the terms of the Trust. That is what a lawyer should be retained to do for you.
    Answer Applies to: California
    Replied: 2/21/2014
    Danville Law Group | Scott Jordan
    Was the house titled into the trust and are you the sole beneficiary of the trust? This is the first thing you need to determine. If the house was titled into the house and you are the sole beneficiary, you can quit claim the house into your name only. You can check the county recorder's records to see if this was already done. Then you can pay the mortgage off in full.
    Answer Applies to: California
    Replied: 2/21/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    You say you are the trustee, but are you also the beneficiary of the trust and entitled to the house? If so, you should be able to grant deed the house to yourself from the trust since you are the trustee.
    Answer Applies to: California
    Replied: 2/21/2014
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