Legal Question in Wills and Trusts in Ohio
Revocable Living Trust ''not filed''?
My mother-in-law's mother passed away and had a Revocable Living Trust. In meeting with an attorney, the surviving two children were told ''the will/trust had not been filed.'' I'm not even certain what that means, other than apparently things will now be probated. They have a copy of the document, but apparently an original that was witnessed by two non-beneficary parties and notarized is what is needed? Any recourse against the attorney who took money and supposedly handled this while mo-in-law was alive? She believed in good faith everything was in order.(Unfortunately, throwing this into probate could be contentious. It also might not be, but...)
2 Answers from Attorneys
Re: Revocable Living Trust ''not filed''?
They might want to get a second opinion. In Ohio there is no requirement that a trust be witnessed or that it be notarized. It only needs to be signed by the person making the trust and the trustee.
A will needs to be witnessed by two disinterested persons.
Addiitonally there is no rquirement that the will and trust be "filed" prior to death.
Re: Revocable Living Trust ''not filed''?
One doesn't have to file a trust; one has to "feed" a trust. The question is: Once the trust was prepared, were her assets then put into the name of the trust to complete the process?
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