Legal Question in Wills and Trusts in Nevada
Does a spouse take all?
As a beneficiary to a living trust, does my moms spouse need to divide the proceeds from the sale of home? The trust states upon the death of both trustors the home is to be divided equally among beneficiaries. Or if the home has already been sold the proceeds are to be distributed equally among the beneficiaries. Does that mean once the home is sold then it gets divided? Or does my moms spouse have to secure the proceeds until he passes and then it gets distributed? Her will says she leaves everything to her spouse. But does the trust secure anything for us beneficiaries?
3 Answers from Attorneys
Re: Does a spouse take all?
In order to answer your question, I would need to review the estate planning documents and learn more about your family relationship. Please feel free to contact this office to schedule an appointment.
Best regards,
Re: Does a spouse take all?
Thank you for your posting and your inquiry.
You are going to need to distinguish between what property is held in the trust, and what is not. Property held by the trust is subject to distribution by the trust guidelines. Property that is not specifically held by or in the trust is subject to distribution through probate by the instructions of the will, which sounds different from the trust distribution guidelines.
I hope that this information helps you, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can.
Re: Does a spouse take all?
We would have to review the estate planning documents to answer your question. There will be no charge for the initial consultation. Please call me at (818) 991-6664.
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