Do you have a property that needs probate or is a Trust Sale

Trust Sales:

Normally a person or persons has been appointed by the trust to handle the sale of the decedent's property. This could be an executor or executrix of the estate, an appointee of the trust, or various other names but no matter the title the fiduciary duty remains the same to protect and finalize the trust and whatever is in the trust.

You should be able to have a complete digital or printout of the Trust documents as the title company, attorneys, and other legal factors can record the trust and assist in making sure it's executed properly. Just know that paying out any relative's portion comes after all debts including taxes have been settled in the estate. 

Many Trusts have a non-contest clause built in that will eliminate or disqualify anyone from receiving their share or distributed monetary funds from the sale of the estate if they were to contest any part of the sale or document. 

An executor is a person who will help execute the plan you laid out in your last will and testament. A trustee is responsible for managing a trust on behalf of its beneficiaries.

Probate:

This happens when there is no Trust in place and there may or may not be a will. 

An attorney and a probate court will appoint or recognize a person who will be the executor of the last will and testament or estate. Since there is no trust there is no trustee. The executor will be the fiduciary to act to the benefit of the last will and testament.

There are many probate attorneys and we have a few great ones in place to help and assist. Normal fees for probate can cost anywhere between $2,500 and up depending on the depth of the services needed and attorneys can charge by the hour if they are needed throughout the process. Some will need payment or a retainer upfront others may choose to be paid after the sale. Just know there are many good probate attorneys out there that can help with this process and help your family out in this time of need.

Joint Tenancy vs Tenants in common 

A tenant in common can freely sell their interest while a joint tenant can convey their interest in the real during their lifetime, but the joint tenancy interest cannot be devised and will not descend except possibly in the event of the simultaneous death of all the joint tenants this is known as Joint Tenancy with rights of survivorship. Most often used with Marital property.