My mother has been bequested a home in california, but the home was not listed in the trust.?

Probate question. I know that law questions could be tricky to answers since I can not give all the facts, but here goes.

A trust was created and my mother was bequested a home within the trust. We now find out that the property that she is to receive was never placed in trust.

What are the ramifications of this situation?

UPDATE: The language used in the trust is that of as if the residence in question is part of the trust. A court hearing will be held next month.
I guess the executor is going to ask the court to add the property to the trust.

My understanding is that the trust is dispositioned first, then all other residual items in the estate are left to the Probate court.
If the executor does not have access to the property, then he can not begin to execute the trust. Is this a true statement?

Any property that is not trust property will have to be probated. Is there ANY mention of the property in the trust? If so, you may be able to petition the court to confirm the property as trust property. Otherwise, you're out of luck and it will have be adjudicated through probate.

Have a talk with the executor/trustee of the estate to find out how the language is set forth in the trust-- and then consult with your own counsel.

It isn't unusual for pieces of property to be accidentally (or purposefully) left out of trust...it happens sometimes and the property that isn't in the trust is just treated as regular probate.

Need to get the trustee on the horn and find out what happened to it; and you might check the courthouse to see where the deed went when it legally left her possession.

Ask for an accounting of the trust