Legal Question in Wills and Trusts in Arizona
A decedent of a trust has most assets in the trust, but one "account" is not in the trust.
A probate is used to claim access to the "account". There are different beneficiaries between the trust and the probate . It is necessary to notify the benne's of the probate.
Is it necessary to notify the benne's of the trust?
1 Answer from Attorneys
If the decedent died without a will or with a will that did not provide for the probate estate to be distributed to the trustee of the trust, then the beneficiaries of the trust have no interest in the probate estate, and you must notify the heirs at law or the heirs under the will.
If the decedent died with a will that "poured over" the assets of the probate estate into the trust, then you should notify the beneficiaries of the trust that there are additional assets to be added to the trust estate.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
