If my parents have a living trust and own a home and my dad passed away, does the law require his name to be removed from trust and deed?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my parents have a living trust and own a home and my dad passed away, does the law require his name to be removed from trust and deed?

Asked on February 1, 2012 under Estate Planning, Virginia

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

No action need be taken.  The trust owns the property and a beneficiary's death does not change title or ownership of trust held property.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The trust is still valid but the point is to have both parents on the living trust and then it becomes irrevocable when one passes. He doesn't need to be removed from the trust and deed, it simply passes outside of probate to your mother. If your mom would like to ensure the title is updated, make sure she finds out if she simply needs to include the death certificate because ultimately she wants to prevent from having to pay transfer taxes. In essence, she can keep the title as is and everything would be addressed if she sells the property or quitclaims to someone else. If the home is in the trust name, no title needs to be changed because the trust is still a valid document.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption