Legal Question in Wills and Trusts in New Hampshire
my mother died with a revocable trust in nh. my sister was the poa and is the sucessor trustee. Her bank account is not in the trust. We provided the trust to the bank along with a death certificate. We just want to split the money between the three siblings and leave one account open for future bills. Are we going to have to go through probate? We don't want the expense and are all in total agreement on distribution?
1 Answer from Attorneys
This is one of the main problems I don't like this type of trust in many family circumstances. Depending upon how the trust was drafted, the bank account will have to go through probate in order to pass into the trust and then the trust can distribute in accordance with the terms established in the trust.
Depending upon the family structure there is a slight possibility that the court could be asked to grant permission to by-pass the trust, but this is very fact specific and you should meet with an attorney to review all the documents and help you figure out how to best move forward at the least cost.
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