Is there any way my brother can put his name on the house that was left in the living trust?
5 attorney answers
The "quit claim deeds" transferring the trust property to you and your brother as trust beneficiaries can only be executed by the Trustee of your Mom's Trust. Unless your brother was a trustee/co-trustee he cannot "do it himself." It sounds like you got your half transferred to yourself. Now the house can still be sold, with two sellers: the Trustee as to the trust's 1/2 interest (which is your brother's half), and by you, as to the other 1/2 interest, which it appears you now own outright. it would help if you can clarify what you mean by "I did my part."
Yes. Very likely your brother still has ownership interest and rights. He can interfere with sale. May be right to be reimbursed from brother for any monies paid by other owners over the years that he did not contribute. Need to review trust and other transfer documents to better advise. Consult EP counsel.
"Is it possible for him to still have the rights to get the money even if he didn't do the quick claim deed?" Yes. However, you need to pay for an attorney to review the declaration of trust and the documents that have been recorded.
It is not clear that you received correct advice from the "office that helped out with the trust" or that you followed correct advice given to you.
Your brother definitely has an interest in the house. His interest may be more, or less, than 50% depending on what you mean by he hasn't "paid anything." You will be unable to sell the house unless you clear title through escrow. Good luck.
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To clarify, your Mom had a living trust and put her home in it and named you and your brother as beneficiaries.
If yes, then once the home is transferred from the trust to you and your brother, he still has an ownership interest, regardless if he did not sign forms years prior.
It is recommended that you have a local attorney to review the documents if you have further questions.
AVVO and the CA Bar Association can provide attorney referrals.
It is difficult to answer your question without reading the trust and then looking at the documents that were filed/executed after the house was placed in the trust. Were you advised by an attorney to do the quit claim deed? I would suggest you have an attorney review the documents.