If my mom put her home in a Trust and named herself as trustee but she has since passed, what should I do with the house?
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If my mom put her home in a Trust and named herself as trustee but she has since passed, what should I do with the house?
Asked on June 11, 2013 under Estate Planning, Nebraska
Answers:
Nathan Wagner / Law Office of Nathan Wagner
Answered 11 years ago | Contributor
Your mother probably signed a written trust document or Trust Agreement. Look at that document to see who is the Successor Trustee after your mother passes. If it names a successor trustee, that person or company is responsible for the house (and any other assets the trust holds) and should sell or manage the house for the benefit of the beneficiaries named in the trust.
If the trust does not name a successor trustee (or even less likely, if there is no trust document), you will have to petition the probate court to appoint a successor trustee. You could ask the court to appoint you as successor trustee.
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