Legal Question in Wills and Trusts in Georgia
when my mother passed away, the only asset not in her trust was her car. her will was probated and we have received a letter asking us to list her assets . do we need to list her cd's and bank account that were in the trust?
3 Answers from Attorneys
There needs to be more info. Why was the will probated if you only had the car? Generally, the living trust assets would not be listed. You need to consult legal counsel.
You need a lawyer. If the only asset was a car, usually you'd be able to bypass probate (there is a shortcut to bypass probate for cars). Why did you start a probate without a lawyer consultation?
No. Think of the trust like a separate person. If the assets were in the trust then the trust owns the assets, not the person.
The only asset is the car because that is not in the trust. If there is just the car, an estate probably does not need probated because there are no probate assets. The will just needs filed at the court but not actually probated.
I agree with my colleagues - if you are this confused at this juncture then you definitely need to go consult with an estate/trust/probate lawyer who practices in the county/state where your mother lived at the time of her death. Pay the lawyer to review the trust and will and see what needs to be done.
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