Legal Question in Wills and Trusts in Oklahoma
Making a trust the beneficiary of a will
My father has a revocable trust. His will is missing, so I am creating another one.
Questions:
1) Do all of his assets need to be listed in the will or just in the trust?
2) I want to make both the will & trust work together. Can I do this by making the trust the beneficiary of the will? If so, how do I do this?
thank you,
--name removed--smith
1 Answer from Attorneys
Re: Making a trust the beneficiary of a will
Thank you for your question. First off I should caution you that you do not make a Will for your father. Your father makes a Will for himself with the assistance of an attorney who must meet with him alone, make a determination of his mental capacity to make a Will and then carry out his wishes. The Will may not be lost at all. In some counties there is a recognized way for people to file their Will with the appropriate county officer for safekeeping. Another way to prove a lost Will is to contact the attorney who drew it originally. On your question about how a Will and Trust work together, it is normal that the Will leaves all property to the Trust and directs the Personal Representative to transfer it immediately. I repeat do not attempt to do this on your own as you will be inviting disaster.