Posted on: 03rd Nov, 2009 01:16 pm
Several years ago, I transferred ownership of my property to my father's name when my now ex-husband threatened that he was going to claim bankruptcy. He never did, but I did not want to lose my home, and thought this was the best route to take since I had owned the property for 5 years prior to getting married.
To make a long story short - My father died in 2004, leaving a trust for my mother, and a will that stated that when my mother died, my property would revert back to me. One of my brothers is the executor of the estate, and he wants my property under his name. He has already cut our other two brothers out of their property.
I have been paying taxes on my property since 1997.
What do I need to do to get my property back in a deed in my name?
To make a long story short - My father died in 2004, leaving a trust for my mother, and a will that stated that when my mother died, my property would revert back to me. One of my brothers is the executor of the estate, and he wants my property under his name. He has already cut our other two brothers out of their property.
I have been paying taxes on my property since 1997.
What do I need to do to get my property back in a deed in my name?
As long as your Mother doesn't modify the Trust or Will, your Brother can't do anything and the property will be in your name. An Executor doesn't call the shots - the Executor's responsibility is to make sure the Will and Living Trust are followed.
Having said that, the Executor is just like everybody else in that they're able to contest the Will and/or Living Trust. But they don't have any special priviledges, and he can't get the property into his name unless Mom puts it in his name before she passes.
Having said that, the Executor is just like everybody else in that they're able to contest the Will and/or Living Trust. But they don't have any special priviledges, and he can't get the property into his name unless Mom puts it in his name before she passes.
Thank you, Raymond. I have been making myself sick worrying about it since I am now disabled and facing surgery.
