What Happens to the House?

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“My mom just passed. What do we do with her house?”
“Dad said he had a trust… but now they’re saying the house has to go through probate?”
“We thought we had it figured out — now everyone’s second-guessing everything.”

If any of those thoughts sound familiar — you’re not alone.
These are real, messy questions I hear often from families who are suddenly facing decisions about a parent’s home and what really happens when someone dies.

This blog post is for you — the adult child trying to do the right thing… or the parent who doesn’t want to leave a mess behind.

Let’s walk through what really happens to a house when someone passes away — and how to talk about it before the grief, tension, and bills pile up.

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Step 1: “Mom had a trust… doesn’t that mean we skip probate?”

Here’s where it gets tricky — and a lot of people get caught off guard.

If the trust was created during life (what’s called a revocable living trust) and the house was titled in the trust’s name, then yes — probate can often be avoided.

But if the trust is created by a will after death (called a testamentary trust) — and the house was still titled in the person’s name — then it has to go through probate first.

Just having a trust doesn’t automatically mean the house is protected from court.

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Step 2: Probate Court = Legal Access to Do Anything

Even if a will is in place, the executor can’t touch anything — not a bank account, not the house — until the court officially says so.

That means:

• You can’t pay bills from their account
• You can’t sell the house or even list it
• You can’t legally reimburse yourself for mowing the lawn or paying the utilities

❗️ No one is in charge until the executor gets appointed — and that usually takes 2–4 weeks after death.

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Step 3: When Does the House Go Into the Trust?

Most of the time, the will says something like:

“All the rest of my property shall go to my trust…”

That’s called the residue clause, and it’s what sends the house — and everything else not already spoken for — into the trust after probate.

So the house doesn’t just “go to the trust” at death. It has to:

1. Go through probate
2. Be handled by the executor
3. Then get transferred to the trust
4. Then be managed by the trustee

It’s a process — and it can take months.

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“We’re Already Tired, Grieving, and Confused…”

You’re not alone. I’ve worked with families who:

• Didn’t realize they couldn’t pay for the house upkeep
• Had siblings fighting over whether to sell or move in
• Found out the trust didn’t actually cover the house because the title was never changed

These are real, painful situations — and they usually stem from a lack of planning and a lack of conversations while Mom or Dad was still alive.

So Let’s Talk About the Hard Stuff — While We Can

Here’s what I recommend:

1. If you’re the adult child

Say something like:

“Mom, if something happened to you, what would you want us to do with the house?”
“Have you ever talked to anyone about how it would transfer?”
“Would you be open to walking through this with someone now so we don’t end up guessing later?”

2. If you’re the parent

Say this to your kids:

“If something ever happens to me, I don’t want you two fighting over the house. I want to talk through it now.”
“I’m working with someone to make sure everything’s clear — no surprises.”

3. If you're already in the middle of it

Take a breath. Don’t rush.
And get help. The legal and financial steps may feel overwhelming — but you don’t have to do it alone.

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A Better Way Forward

This isn’t about who gets what.
It’s about reducing confusion.
Protecting relationships.
And honoring the life and legacy of someone you love.

So, whether you're:

• A parent wanting to get your estate in order
• A son or daughter trying to make sense of what’s left
• A family feeling the weight of “what do we do now?”

…We're here to help.

Let’s talk about the house, the trust, the money, and — most importantly — how you want this chapter to go.

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