Legal Question in Wills and Trusts in Missouri

my father died recently. i am an executor. his will states that all tangible personal property is to be divided between his living children, but his trust states that it is to be sold at auction and proceeds are to be deposited in residuary trust. which is correct?


Asked on 2/07/13, 5:10 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Sorry to hear about your father. You have my condolences. If the property wasn't transferred into the Trust before he died, the woo prevails. However, you are not the personal representative (called executor in some states) until the will us admitted to probate.

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Answered on 2/08/13, 8:25 pm


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