If a house is willed to a Trust, will a quick claim from the current owner protect the property from being sold?
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If a house is willed to a Trust, will a quick claim from the current owner protect the property from being sold?
My mother is in the hospital and is getting advice to quit claim her house and will it to the 5 children. If she quit claims does it have to be to one individual person or can the 5 children have their name
in a Trust and it be willed to the Trust. If the person that is giving her advice to quit claim the house asks her to put his name on it as it executor, could he eventually kick the children out of the house that the property was willed to?
Asked on April 10, 2018 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Your questions here are raising a lot of red flags for me and I think you should really seek help from someone there asap depending on what it is you are really trying to do (which I assume is to protect your Mother and the house). If her intent is to have the house go to all of you then I would not suggest it be placed in the "executors" name since there is no executor since there is no Will and that is not necessary for transfer when there is a Will. A Trust can protect against many things - attachment by nursing homes, medicaid, creditors - and for tax reasons. Transfers to avoid medicaid payback have time limitations but if she wishes to make sure you all get the house quickly she can do a deed and keep a life estate for herself or a Will leaving it to all of you. Again, there can be reasons for both. And remember: her estate will be divided equally between the children if she passes without a Will (intestate). Good luck.
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