Legal Question in Wills and Trusts in Indiana

2 trusts in my name

Upon the death of husband,I obtained all business filings done in county we lived.There were many as husband owned,managed 3,000 apts.There was 1 filing in which he ''merged''2 businesses.The first part of the merger included my husbands name,his sons,his business and my name in form of ''TRust''.Thus the paper reads''My name trust''then below reads''my name trust''.The other half of the paper has the new business in which these entities were merged.I do have a reliable person physically going to courthouse to get copy of this and inquire as to info they may have.Would you have general idea as to what type of trust this would be?Thank you.


Asked on 2/22/04, 7:10 pm

2 Answers from Attorneys

John Cook Dunn & Cook

Re: 2 trusts in my name

I assume that the trusts are family inter vivos trusts, which means that they are not separate entities for tax purposes. However, since your husband has passed on, if these trusts were in his name only, then they became separate entities upon his death. Since I have not reviewed the trust documents, my comments are based on my personal professional experience. In order to determine what kinds of trusts these are, you need to take them to a local trust/probate attorney.

Read more
Answered on 2/23/04, 9:34 am
Mary Ann Wunder Wunder & Wunder

Re: 2 trusts in my name

Your husband could have put his business in an intervivos or living trust, or he might merely have put his real estate into a real estate trust. Until you find the terms of the trust, you cannot really determine what is to happen to the property at the time of his death. Depending upon where in the "Courthouse" you or your friend found these records, they could merely indicate the name of a business he wanted to use instead of his own name. Indiana does not have a depository for trust instruments nor do they have to be filed with the Recorder when a deed is filed. Unless you can find the trust document and or the trustee, your next step would be to open an estate in the county where his business interests were located and give notice to his creditors and surviving children and spouse, hoping that one of them would come forward with more information.

Read more
Answered on 2/23/04, 2:37 pm


Related Questions & Answers

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