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The answer is, ask your lawyer? When a home is being sold through a trust, the heirs of the estate need to be informed. If there are any objections they need a chance to express their concerns.  It does not mean that the home can not be sold, just that whatever the objection is needs to be dealt with, sometimes through court action.

There heirs can agree to to forgo the 45 day waiting period for the Notice of proposed action by singing off before the home is sold. So, if you are selling a home in trust be sure and ask your lawyer if the waiting period can be waived before the sale of the house so that the escrow can close in less time.  You don't want to sign an offer with a 30 day close and find out there needs to be a 45 day waiting period.

If you have any questions about selling a home in San Mateo or Santa Clara that is in a trust or probate please feel free to contact me.

Marcy Moyer

Keller Williams Realty

www.marcymoyer.com

marcy@marcymoyer.com

650-619-9285

D.R.E.  01191194

Deaths in families are always hard. They can bring out both the best and worst in a family. There is often a combination of sorrow and a bubbling to the surface of many past, and normal family rivalries and childhood issues. Every estate must have an executor and this executor can be anyone the owner of the estate appoints if the estate has been put in trust. If there is no trust but there is a will and the will names an executor that person must be affirmed by the probate court.  If there is no will the probate court will asign a personal representative.

As a realtor who has been fortunate enough to list many homes in trusts and probates I have found that the ones that go the smoothest are those where a trust department at a bank has been named the executor. My experience has been that when a trust department handles an estate:

1.  Everything is done in a fair and impartial manner. No one gets to help themself to some personal and sometimes valuable effects that were not specifically left to them. Everything is divided according to the terms of the trust or will.

2.  No one is left to do the many many hours of tedious work needed to dispose of the estate leaving them resentful and/or exhuasted. A professional does that.

3. There are laws which govern how an estate is settled. They must be followed or there can be financial consequences.  Trust departments are experienced in following these laws and doing things properly.

4. Sometimes estates are to be distributed over time instead of in a lump sum. When this happens trust departments are in a good position to hold the money and distribute it in accordance with the terms of the trust or will.

5.  Trust departments charge money. It will cost your heirs money to have a bank settle an estate, but it may be worth it to have things done properly and keep peace in the family.

If you have any questions about selling a home in a trust or probate please feel free to contact me:

Marcy Moyer

Keller Williams Realty

www.marcymoyer.com

marcy@marcymoyer.com

650-619-9285

D.R.E.  01191194

Memories can be housed in stuff, especially as people gets older and they find that objects are needed to jog their memory.  The problem is that very often when it is time to leave the place that has been home for 30, 40, or 50 years, there is wall to wall stuff. The plate on the wall that was handed down by great grandmother is probably not going to be wanted by great grandchild number 1. However, with the normal tensions that arise in settling an estate, and the enormous popularity of shows like Pawn Stars and Antique Road Show, many heirs believe that the house full of stuff they have inherited may be worth something.  Also, if you need to sell a probate or trust home in order to settle an estate this stuff needs to be cleared out.

In order to keep the peace in the family and to make sure that nothing is overlooked the most logical thing to do is get the personal contents appraised.  If the sale is a probate sale, this is already written into code. A probate referee will be in charge of making sure all of the personal effects are inventoried and appraised.  If the property is in a trust, the personal effects are the responsibility of the trustee of the estate.  If you are the trustee, get everything appraised and sold by a professional estate seller.  You can get a company like DGW to come in and take everything to their warehouse to be sold at multiple auctions.  Or you can have an estate sale at the house and then get rid of anything that does not sell.  The point is, get a professional who is trustworthy to sell things for the most that they can sell for.  If there is something valuable these people will know and it will keep the peace in the family.

My only other advice would be go through all the papers, envelopes, and furniture yourself. You never know where mom may have stashed cash for an emergency. You are more likely to find money that way, than in the antique piano that no one wants.

If you have any questions about trust or probate sales please feel free to contact me.

Marcy Moyer

Keller Williams Realty

www.marcymoyer.com

marcy@marcymoyer.com

650-619-9285