Who owns this house? (For purposes of living trust)
I'm in the process of setting up a living trust for my aging, ill mother. She and my father are divorced. Her house was purchased after the divorce by my father for her. The deed of trust (mortgage?) is in my father's name, and he pays the monthly note. There is a quit claim deed putting the property in my mother's name. So when I look the property up on the public record, she is listed as the "owner."
For the purposes of transferring the property into the trust, does my father need to be involved at all since the mortgage is in his name? Or does the quit claim deed count and the property is really hers? I guess I'm asking which needs to be transferred into the trust - the mortgage or just the deed or both?
Her estate is relatively simple so I'd like to do this without going through an attorney, if possible. But I'm a little confused now about this weird setup with the house. Any advice is appreciated.