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    DaphneM's Avatar
    DaphneM Posts: 1, Reputation: 1
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    #1

    Jan 16, 2007, 11:44 PM
    Quit Claim Deed
    I reside in Fl. My mother had a Living Trust, in Fl as well. In the trust it clearly states that I am to receive her house. She passed away in June. I filed the Quit Claim Deed that came with the Living Trust. The county mailed back the appropriate paperwork. The house is now in the name of her trust. The trustees are my sister and my brother. I am confused. Is the house legally mine now or does it belong to my sister and brother? Can I secure a home equity loan based on the deed being in the name of the trust? Is there something else I need to do to get the house in my name and not in the trust's name. Thanks.
    realestatekelly's Avatar
    realestatekelly Posts: 5, Reputation: 1
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    #2

    Feb 25, 2007, 09:40 AM
    Quote Originally Posted by DaphneM
    I reside in Fl. My mother had a Living Trust, in Fl as well. In the trust it clearly states that I am to receive her house. She passed away in June. I filed the Quit Claim Deed that came with the Living Trust. The county mailed back the appropriate paperwork. The house is now in the name of her trust. The trustees are my sister and my brother. I am confused. Is the house legally mine now or does it belong to my sister and brother? Can I secure a home equity loan based on the deed being in the name of the trust? Is there something else I need to do to get the house in my name and not in the trust's name. Thanks.
    The trustee is not a beneficiary, necessarily
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 25, 2007, 02:08 PM
    You need to look at what the deed said, but if you are not the trustee, they control the trust and what can or can't be done with the house.

    If they are part of a life estate then you own it and they get it on your death.

    You should not have signed anything until an attorney looked at it and explained it. You may have well signed the house back to the brother and sister.

    Take the paper work you signed to an attonrey ASAP

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