Legal Question in Wills and Trusts in Arizona
What are the duties of a trustee
My parents wrote matching wills in 1977. Dad died in 78 Mom a few weeks ago. The will states that the bank that drew up the will is the trustee and all ...home and personal property be sold and divided between the adult children.Maybe 90,000 total. Does this mean a stranger will come in and sell all belongings. Do I contact the bank ( if it is still in business) or a lawyer. Does it still go through probate? What is the difference between trustee & probate
1 Answer from Attorneys
Re: What are the duties of a trustee
Are you sure the wills name the bank as trustee, as opposed to personal representative? If the bank is named as personal representative, you can ask the probate court to disregard that portion of the will, as it is impractical to have a bank be the PR for such a small estate. If the bank is named as trustee of a trust created under the will, it could be a more difficult problem. Probably need to speak to a probate lawyer.