What I can do in order to get her to give me the deed so I can get insurance and proceed with my life? 19 Answers as of April 02, 2014

My mother passed on November 15, 2013. She left a house and 3 acres to me in a Revocable Trust and Will, so there would have to be no probate. My brother and sister also received 56 acres each. My sister is the Executor and has yet to give me the deed to my home. I was living here before mother died having moved in with her to care for her in her last months. She has her part of the land up for sale and according to a call she made to someone else it is sold. So she has her deed and my brother has his. She just has not given me mine.

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Does she have a lawyer helping her? If so, talk to him/her. If not, maybe she doesn't know how to do it. See a lawyer.
Answer Applies to: California
Replied: 4/2/2014
Ronald K. Nims LLC | Ronald K. Nims
If the trust provides that you'll get this property, you can go to court and force your sister to issue the deed.
Answer Applies to: Ohio
Replied: 4/1/2014
Durham Jones & Pinegar | Erven Nelson
You need to send a written reminder/demand to your sister with a deadline to follow the terms of the trust and convey the property to you. If she doesn't comply by the deadline, you need to hire a good trust administration lawyer to make a claim.
Answer Applies to: Nevada
Replied: 4/1/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
So hire an attorney to threaten her with breach of her fiduciary duty.
Answer Applies to: Idaho
Replied: 4/1/2014
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
Hire a lawyer, and file a petition with the court.
Answer Applies to: California
Replied: 4/1/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    I urge you to retain an attorney to review the Trust agreement and advise you. The attorney should also confirm that the property was transferred to the Trust, so it is not subject to probate.
    Answer Applies to: Nevada
    Replied: 4/1/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Seek the services of a probate/trust litigation attorney to force her and seek to charge her with attorney fees.
    Answer Applies to: California
    Replied: 4/1/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    The trustee should be paying for insurance prior to distributing the home. Six months isn't too long for a trust administration. Check the county land records, if deeds have been recorded for your brother and sister, then it's a fair question to ask her why she hasn't distributed to you.
    Answer Applies to: Oregon
    Replied: 4/1/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    You seem confused over terminology. If your mother had a Trust with the Will only as "pourover" as is usually the case, then the important issue is who is Trustee. The Trustee is required by law to provide notice to all beneficiaries of the terms of the trust.
    Answer Applies to: California
    Replied: 4/1/2014
    Stephens Gourley & Bywater | David A. Stephens
    Make a demand or file a claim to change the trustee.
    Answer Applies to: Nevada
    Replied: 3/31/2014
    Gates' Law, PLLC | Thomas E. Gates
    Contact the court and ask to be on the calendar for a show cause hearing. You will need to draft a motion to the judge on what you are requesting and why. It would be best for you to retain an attorney to assist you.
    Answer Applies to: Washington
    Replied: 3/31/2014
    Frederick & Frederick PLC | James P Frederick
    Your situation is not entirely clear. Is your property titled in the trust or not? If not, then probate WILL be necessary. A PR is only appointed in a probate proceeding, so unless an estate has been opened, there is no PR. At most, your sister is nominated to be the PR. She has no authority to execute a deed, if that is your situation. If probate is needed and she refuses to act, you can always open an estate yourself, and request that you be appointed PR. If the property is titled in the trust, then you do not need a PR. The trustee would have authority to sign a deed to you. If the trustee fails to do so, then you can again go to the probate court, this time to petition for supervision of the trust or removal of the trustee and a surcharge for breach of fiduciary duties. Since it is unclear what your facts are, it may be wise to retain an attorney to review the situation with you.
    Answer Applies to: Michigan
    Replied: 3/31/2014
    James Law Group
    James Law Group | Christine James
    You need to get an attorney to help you. Obviously you are not getting anywhere yourself. An attorney can force her to give you the deed, as long as the gift to you was an outright gift, or she could face breach of trust and removal.
    Answer Applies to: California
    Replied: 3/31/2014
    Edward L. Armstrong, P.C. | Edward L. Armstrong
    If an estate was opened in the probate court (your sister may have done this if she was advised to by an attorney), the personal representative normally waits at least six months before distributing assets. If, as you say, there is no probate but the estate is very large, the personal representative may wait for the IRS to approve the Federal Estate Tax Return. If there is tax due (this is doubtful given the generous exemptions available), the personal representative is personally liable for the taxes so she would wait for approval of the IRS before distribution.
    Answer Applies to: Missouri
    Replied: 3/31/2014
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    If your sister is required to transfer the property to you pursuant to the terms of the trust and refuses to do so, your remedy is to petition the probate court in the county where the property is located to order the distribution. Before doing that, however, I would hire an attorney to write a letter to your sister that requests the transfer of the property. This may cost you several hundred dollars, but it will definitely get your sister's attention and quite possibly the transfer that you seek. The attorney will need to see a copy of the trust, so be sure you have one. If you don't, you can request one from your sister (and if your sister will not give it to you, the lawyer will certainly request it in his or her letter).
    Answer Applies to: California
    Replied: 3/31/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I wouldn't have to look at all of the details, but it would appear you should be able to compel her to provide the deed if that is what was called for under the trust. If she refuses you will have to engage an attorney and take her to court.
    Answer Applies to: Michigan
    Replied: 3/31/2014
    Law Office of Jeffrey T. Reed | Jeffrey T. Reed
    You may have to petition the probate court!? Get an attorney to give her a call, maybe she has one you can talk to?
    Answer Applies to: California
    Replied: 3/31/2014
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    You will need to file a Petition in the Probate Court. For assistance, contact an attorney specializing in probate and trust matters.
    Answer Applies to: Colorado
    Replied: 3/31/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    The terms of the Trust must be followed by the Trustee. If the Trust assets are being distributed to some beneficiaries then the distributions should be made to all beneficiaries. Make sure there are no postponement of possession provisions that affect your distribution under the trust. If nothing in the Trust would act to delay your distribution then you can force action by the Trustee in court. You should start with a written demand.
    Answer Applies to: Illinois
    Replied: 3/31/2014
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