Oarman1954

Parent's Trust Improperly Funded

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I apologize if this is in the wrong section...I wasn't sure where to post this.

We put my parents house up for sale and got a buyer. The property was supposedly put in a revocable trust in 2008 which became irrevocable when both parents passed, my Mom passing last in Dec 2012.

Now that we have a buyer, the title company called me and said the properties owned by my parents were never actually transferred into the trust because the attorney made a mistake in the deed that conveyed ownership to the trust.

As best as I can understand it...the attorney mistakenly made my parents the  trustees as both the grantees and grantors. Instead of making it  X and Y, husband and wife, transfer said properties to X & Y Revocable Living Trust , he made it  X ,Trustee of X&Y Revocable Living Trust, and Y, Trustee of X&Y Revocable Living Trust, deed the following properties to X & Y Revocable Living Trust.

How no-one caught this I do not know. Now the title company is saying we must use the will left by my parents in the trust to open up probate to be able to sell the house and the other properties.

This is going to take time, and a considerable amount of money in attorney fees to file this probate estate.

To complicate matters, the trust was funded in 2009, and the attorney that set it up died in 2013. The law firm he was a partner in  is still in business however.

What should I do?

Is it reasonable for me to expect the law firm that botched this trust to do the probate at no charge to us? It is going to cost well over 10K if we have to pay the going rate in Ohio for probate attorney fees? We should have never had to go through probate. I am so frustrated!

What recourse do we have, if any?

Does the statute of limitations start when the error is discovered?

Thanks for any input on this!

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