Legal Question in Wills and Trusts in Alabama

Property Deeds

My father recently passed. He had a Living trust and a Last Will and Testament. I was listed as the person to receive all properties, monies, etc. Do I have to probate the Last Will & Testament before transferring the property into my name? I do have a brother, but he was not listed in any of these documents.


Asked on 7/13/07, 7:03 pm

1 Answer from Attorneys
William Nolan Nolan Elder Law LLC

Re: Property Deeds

Depends. If the Living Trust was funded and still in effect, the Will would not be able to transfer anything that was being held inside the Trust. If the Trust were created but never funded, then the Will would take over. You should probably pay a lawyer for one hour of time to consult with you on this. It will be money well-spent.

William G. Nolan

Nolan Elder Law

Birmingham, Alabama

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Answered on 7/15/07, 5:16 am


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