Title question for sale of some land

6 Replies

Hey BP peeps,

I have some land in the family that my mom and older brother own in Colorado. They have both passed on and I've inherited. 

There was a trust setup but the property was never put in the trust name and my brother is the trust administrator.

My question is, does this land need to be titled in my name before I can sell it?

Thanks,

--Mike

Short answer...yes. You must be in title to any real estate you plan to sell. Since the property was never put in the trust you'll have to either open probate on it or file a Quiet Title suit. Either one should include tracking down and notifying known heirs and/or creditors.

Thanks Jim..

Can you provide any more info on "open probate"

---Mike

Mike NA you will need to contact a probate attorney in the county where the property is located.  If you need help with the process, send me a pm.

Probate is the process where a court makes a determination of all the heirs, pays all the debts and distributes remaining assets of the deceased. Like @Dave Metsker said, you'll want to contact a probate attorney in your area to get the ball rolling.

In California they have petion called an 850 petion to transfer property that was meant to be titled in the trust. If they died in CO you should see if there is a simlar process.  This would avoid probate.

Good luck 

Mike NA You cannot sell what you do not own. You're so distant from the facts that i gave my doubts about thus whole matter. 

1) Determine if the land has equity and if it's marketable. Would anyone buy it if you already owned it now? Location? Use? Build-able? Access?

2) Re: title, you'd need to have all the pieces of info together. I do think you do yet.

3) Probate is a process that requires some level of court involvement, depending on certain facts, which in your case, are rather spartan. 

Person in charge of a trust is called trustee, not administrator.

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