Question:
From Bryan, TX:  My 10 year old son inherited property with his father as trustee. Currently all title and tax papers all show the deceased still as the owner and responsible party. Should the lawyer have changed all this after the will was probated. We used the same lawyer to probate as the one who wrote the will for the deceased. Where do I start?

Answer:

James P. Frederick, Attorney licensed in Michigan, states: I would call the lawyer first and make sure that things are actually as you believe them to be. Title should be changed as part of the probate process. Indeed, that is generally the only reason to go through probate administration, in the first place. If the estate has been closed, you need to check to make sure the PR still has legal authority to transfer title. If the lawyer does not give you a clear answer, I would consult with another lawyer or go to the probate court. I am not sure what tax papers you refer to, but it is probably that those can be changed, outside of the probate proceeding, once you are sure that ownership has changed.

Answer:

Steve Fromm, Attorney licensed in Pennsylvania, states: The prior lawyer makes some good points. After the estate administration is completed, it would seem that the property has to be placed into a trust for your son and that transfer of title is imperative. In addition, such trust needs its own employer identification number. You need to ask the attorney for a roadmap of how things will proceed and the timetable he thinks will be needed.

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