name on county tax records

[Heidi1]

My father passed over 2 years ago and the names of his heirs do not appear on the county tax records. The executor of the estate will not discuss the matter. There was a will and a trust, yet the estate went through probate. I understood the purpose of a trust is to avoid probate. The attorney will not discuss the case, refers me to executor. I do not want to start a family feud but I do need answers. Advice appreciated.

[quantAndHold]

Are you talking about real estate? Is the property titled in dad’s name, or in the name of the trust?

[Heidi1]

Property not listed in name of trust on county tax records. It is 2 pieces of real estate, one piece in dad's name, the other in both mom & dad's name. Mom predeceased dad. The executor of the estate's name is the same as dad's. One of the reasons I am uncomfortable not having access to trust or any other paperwork.

[Carefreeap]

I am not a lawyer but have settled a couple of estates and about to settle another. I suggest you ask the mods to move this thread to Personal Finance vs Consumer Issues and re-title your thread "Trust Issues" or something to that effect. There are several attys who post on that board although you might need to wait until Monday to get a response from one of them.

Generally the beneficary of an irrevokable Trust is entitled to a copy of the Trust. You are likely entitled to an accounting of the Trust but management is very state specific. Please edit your original post with what state your father lived in and where the property is located.

Presumably the Trustee is one of your brothers? Are there other heirs?

[livesoft]

[...]
Generally the beneficary of an irrevokable Trust is entitled to a copy of the Trust. You are likely entitled to an accounting of the Trust but management is very state specific. Please edit your original post with what state your father lived in and where the property is located.

Presumably the Trustee is one of your brothers? Are there other heirs?

The OP did not state they were a beneficiary, did they? I think can that being a potential underlying issue.

[quantAndHold]

If the property isn’t in the name of the trust, it isn’t part of the trust, so the disposition of the property is probably handled by the will. Most people with trusts also have what’s called a pour over will, which says that the trust inherits anything that isn’t part of the trust. But there may be exceptions, and we don’t know what dad’s will says. Regardless, if the real estate is outside the trust, it probably does have to go through probate.

[lthenderson]

Property not listed in name of trust on county tax records. It is 2 pieces of real estate, one piece in dad's name, the other in both mom & dad's name. Mom predeceased dad.

I'm guessing the real estate was never moved into the trust if it is in your dad's name which then means it must go through probate.

[CAsage]

Non-lawyer who has settled 3 various estates. Property not in the trust is governed by the will, and most real estate is too valuable to have gone through "small" estate or short probate. See if there are any probate records in your local courthouse. Wills and probate are public record though you might have to pay to print or download the filings. The lawyer won't talk to you because you are not his client. Also, one might check with the county recorder or whoever holds property title in your county, and get any change history. If you feel you are an heir and either were named or should have benefitted - the clock is ticking. You only have a short window to object, so you might need a lawyer (years later it's not going to be solvable). All hearsay and my opinion.

[123]

Probate records are public records and, depending on the state and county, you may be able to find a lot of information about court proceedings online. If on-line records are insufficient you can call or visit the courthouse involved to see what the status of a probate proceeding is and see what records are available for your inspection. Probate records generally include a copy of the will and a listing of the assets of the estate. The handling of trust assets would generally be separate from the probate proceeding.

[BillyK]

If the executor’s name is the same as your dad’s, I would double check the recordings to make sure that the last vesting deed of record was to your Dad. You want to make sure your family member acting in his capacity as executor didn’t do a switcheroo of the property to himself since the names are exactly the same. It would be easy to use the same address as your Dad’s on the tax record, plus many people pay their taxes online anyways.

If you have a copy of the tax card, they often list deed history toward the bottom of the page, if you haven’t already confirmed it for your assurance.