Legal Question in Wills and Trusts in Ohio

Probate

My Mother had a living trust which is the bebeficiary od her will. Do I still need to file the will with the probate court?


Asked on 10/25/07, 11:54 am

2 Answers from Attorneys

Robert Rosplock Rosplock & Perez

Re: Probate

The purpose of having a will and a trust is to make sure any assets not owned by the trust at your mother's death get into the trust. If your mother has already put all her titled assets into the trust, you do not need to probate the will. If there are titled assets not already owned by the trust, you will need to probate the will to get the authority to transfer these assets to the trust.

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Answered on 10/25/07, 12:29 pm
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Probate

You should have to. The type of will that your mother has is to 'catch' any assets that she may not have placed into the trust. Once you gather all her assets, you should know whether or not to file. Call if you would like assistance with the administration of her trust.

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Answered on 10/25/07, 12:59 pm


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