Legal Question in Wills and Trusts in New York

Re: no probate

I generally agree with Norman's response, except that it is possible that all assets were not in the trust, such as personal property like furniture, a car, art work, and the like. If your mother had assets not placed in the trust, probate is necessary to pass ownership. A trust is usually a private agreement, so it may not be a public document. You should inquire of the trustee if you are named in the documnent, and be given a copy if you are. A trustee has the same responsibilities and duties as an executor, to carry out the terms of the document, so you have protection and legal rights. If you were omitted from the trust, presuming a good relationship with your mother, you may have rights that would require a suit, so a good estate-trusts attorney should be consulted. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

Re: no probate

Apparently your mother transferred all of her property to a trust during her lifetime. You should obtain a copy of this trust agreement to determine what happens to the property as a result of your mother's death. If your mother did not own any property in her own name individually, then the probate of the will, as you were told, is unnecessary.