Legal Question in Wills and Trusts in Utah
Deed not in the Trust
My Mother has a living trust agreement. there is a page titled: General assignment of Home, Furniture and Furnishings, which states that she does hereby sell, transfer and assign her personal and household effects of every kind, all property to her trust. Does this mean the house is in the trust? She did not Deed the house into the trust, does it have to be ? Does the will have to go through probate, to change deed the house over to the rightful heir ?
1 Answer from Attorneys
Re: Deed not in the Trust
Unless the house, and all other property is correctly titled in the name of the trust, it is outside of the trust, and will have to go through probate. In this case, the house does not appear to be in the trust. I will review your mother's trust for no cost, and tell you whether it is properly done.
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