What if the deed was not signed before the death of the grantor of an irrevocable trust.


My uncle had an irrevocable trust drawn up for my grandmother ( his mother) so he would get the house. Does the deed need to be signed before the death of grantor? Next question if the granddaughter lived with and cared for grandmother for 44 years and the grantor/ grandmother dies and uncle wants to sell the home should the granddaughter get copies of court hearings and from the attorneys as the heirs did?.


Yes, the deed would have needed to have been signed in order to transfer title to the trust. So, here it sits in probate. The ownership of the house will now go according to the direction of the Will, if she executed one, or, if not, under the laws of intestacy. Caring for a relative does not make you next of kin or an heir to the estate.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate administration attorneys at the Beliveau Law Group provides legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

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