Legal Question in Wills and Trusts in Arizona

My father passed away recently. He has a revocable living trust in which I am appointed personal representative. Do I still need to file something with the county in which he lived? Also do we need to request a tax id number? The estate is under $2M.


Asked on 5/28/11, 6:22 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

The answer to your question depends upon whether or not the revocable trust was funded? Did your father convey and transfer all of his assets to the trust? If yes, then the named successor trustee has the legal authority to deal with the trust estate and perform the duties described in the trust agreement. If the assets are not owned by the trust, then a probate would be required and (hopefully, there is a Will) then, you could seek appointment by the Court to act as Personal Representative of the probate estate. If the Will provides for everything to be distributed to the trust, then after probate, you would have the same regime as if he had put all the assets in the trust in the first place. If the Will does not pour the assets into the trust, then the assets will be distributed as provided in the Will, and if there is no Will, then distributed according to state law. You will need a tax ID number, however, I don't know if it should be for the probate estate or for the trust.

You should retain legal counsel to sort this out immediately. The estate or the trust will pay for you to have legal counsel and help guiding you through all the issues that may arise in this process.

Read more
Answered on 5/29/11, 5:04 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Arizona