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My question is, when I go to closing and do not sign a quit claim deed, will the title company write the check to the Trust?

1 Answers. Asked on Dec 09th, 2016 on Real Estate - Utah
More details to this question:
My Mother paid a over $10,000.00 to a local SLC attorney. He quit her case just as the case was coming to a close. She has been diagnosed with lung cancer and has undergone surgery followed by her first round of Chemo recently. Because of her need to bring this year long divorce to an end, In the divorce stipulation she agreed to sell one of her two homes that she owns (one she allowed him to live in and the other she purchased because he refused to move out of her first one) and pay her ex $100,000.00 out of the proceeds and she will get the remainder. That amount will be about $82,000.00 after all costs are paid. The divorce was final in Nov. 2016 Both homes are in a Trust. The titles are in the name of the Trust. It is a reversible Trust. Her ex signed a quit claim deed for the homes at the time her Trust was made. Her lawyer always told us that her ex would need to "join the Trust" in order to receive any funds from the Trust. That did not happen. Apposing
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Answered on Dec 10th, 2016 at 9:35 AM

Okay, this is a complex issue, and I have a number of questions. Was the trust joined in the divorce action? Who is the trustee?

Without reading the stipulation and the trust I cannot answer your questions. I see no reason to require the ex to "join" the trust, nor am I aware of proceedures to "join" a trust.

Your mother needs to get with a new attorney, as hers has quit, to learn exactly what is going on and how to accomplish the goals set out in the stipulation.

I may be able to help, should she be interested.

David R. Hartwig


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