Property Question

[possumfat]

I filed under the old laws for chapter 7, one of the assets I listed was 25 aqcres of land that was left to me by my parents from their Trust they had setup. I have paid the taxes on the property for the last 10 years and noticed the bill came in my parents trust name with myself and wife listed under the heading on the address.

I called the county accessor where the land is located to see how the land is listed for ownership. The land is still in my parents name and was listed in their trust in 1991. The lady in the office didn't know from a legal standpoint if the land is actually mine or part of the trust, she guessed it was part of the trust and was never transfered to my name...............so the question is should I have not listed this on my petition as one of my assets ? the trustee in my filing wants a copy of the transfer of title document for the land.....my guess is there isn't one. Any opinions ??

[Minnymouth]

This is a question you need to consult an attorney about......
If your parents are deceased, then the land is really yours, just not legally yet since there has been not title transfer done (check with county clerks office for title change).......

Unfortunately, the Trustee has the "power" to take this land and put the title in your name.... (it was done to me over my home - my home was still in the name of the seller) and I'm sure land is the same way....

The fact that the land is still in a "trust" - the trustee may NOT BE ABLE to touch it...... but I bet he can if your parents are deceased now.....

If you filed pro se, consult an attorney and file an adjustment on your schedules of your petition if you need too if they say its not yours yet......

If not legally yours yet, you cannnot claim it as an asset..... nor do you need too.....

Keep us posted....