Legal Question in Wills and Trusts in Illinois
Hello, my father has past away few months ago . I know that he had a trust and will that he started it was never filled out to whom gets what items and it was not funded before he past. If this was not funded/finalized by him does this mean this will and trust is now in void? And old will will take place. Thanks B. Also how would I find out if it was funded after his passing? Thanks
1 Answer from Attorneys
The attorney who drafted the will and the trust would probably have information on the funding of the trust. You will need to have an attorney review whether the new will is valid. If not, and the trust was not funded before his death, then the old will would be in effect and the trust would not be used.
If the new will was valid, then the trust could be funded after your father's death (if the new will directs that the trust be funded).
Either way, you should speak with an attorney to review the options, whether a probate estate needs to be opened, etc.
Good luck to you.
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