How can I get trust property transferred into my name without the signature of one of the two trustees?

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How can I get trust property transferred into my name without the signature of one of the two trustees?

My mother had a revocable trust. My sister and myself are named as successor trustees; she is listed first and then me.My mother states clearly in the trust that I am to receive a piece of property. It also states in the trust that I paid her $10 for this propert.(there is a legal description of the property), however I called the title company in the state where the deed is, to have it put into my name. However, the title company is telling me that my sister has to sign something so the deed can be transferred. The problem is that my sister and I are not speaking. I really don’t know what my rights are or if I have the same power she does as far as the trust is concerned.

Asked on February 2, 2013 under Estate Planning, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your sister has to sign an affidavit of trustee where she signs the grant deed of the property that you have written about into your name. If she refuses as you suspect, you need to consult with a real estate attorney about doing a demand letter to her mandating that she do so and if she refuses, a lawsuit seeking a court order that she do so or that the court does so is in order.


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