Legal Question in Real Estate Law in Missouri
Real estate in a trust
Both my parents are deceased and they had a trust. In the trust the real estate was left to me. I would like to know how to get the deeds put in my name. Do I have to go through a lawyer to do this?
2 Answers from Attorneys
Re: Real estate in a trust
If the trust said that the property was to go to you at their death, then the trustee should follow that instruction. If they don not, you will probably have to hire an attorney to file suit to have that done by the court. If the trust does say the property goes to you at their death, but rather is maintained for your benefit, then you will have to obtain counsel to make a claim that the trust documents are inaccurate.
Start by asking the trustee to transfer title. If you are the trustee, then it would not be very expensive to have an attorney draft the transfer documents for you.
Good Luck
Re: Real estate in a trust
In my opinion it would probably be best to at least consult with an attorney and let the attorney review the trust document. If everything is as you believe it to be, then it might be a simple matter of preparing a trustee's deed transferring the real estate from the trust to you, and then recording that deed. Of course there may be moe to it than that, but hopefully not. In any event, this should not cost you much money and it would seem to be worth it to be sure that the job is done properly. Good luck.