What to do if my mother passed away and she and my father had their home in a living Trust for my brother and I and now we want to sell the home?

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What to do if my mother passed away and she and my father had their home in a living Trust for my brother and I and now we want to sell the home?

Is there anything we need to do? Does the house need to be titled to us first?

Asked on January 8, 2015 under Estate Planning, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  Who is the trustee of the trust now that your Mother has passed away? Generally the trust will determine what you can and can not do so if it limits distribution then you may have a problem.  Most likely Mom put the trust in place to prevent having to probate the estate and you should be able to sell the trust assets and dissolve the trust.  Please take it to a lawyer in your area.  Good luck.


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