Legal Question in Wills and Trusts in Alabama
estate law
My husband's (who is an only child) family has established a trust. When he brought the papers home I noticed that my name was not in the document. At the death of my husband, our eldest son was named executor of the estate. Is this common or should I be concerned?
2 Answers from Attorneys
Re: estate law
it sounds like you are talking about two documents, a will and a trust. the documents should be reviewed in detail before any advise is given. it sounds like the trust is for the sole benefit of your husband and he may or may not have the right to distribute any remainder in the trust by his will. just because you are not named executor is not in and of itself bad, but the document should be reviewed if possible and personal and specific advise given.
Re: estate law
A lot depends on what type of trust it is and what it says happens to the assets upon the death of your husband. If they assets go into your husbands estate, they will pass by his will. Most likely, the assets are transferred according to the trust document, and the trustee will handle the distribution. Is your eldest son the trustee or executor of your husband's estate (trustee is the personal representative for the trust whereas the executor is the personal representative for a will)? Call me if you would like to discuss.
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