Legal Question in Wills and Trusts in Pennsylvania

my husbands father passed away and everything is a in trust for him - Does the will need to be probated?


Asked on 2/22/11, 8:46 am

1 Answer from Attorneys

You give confusing information. Is there a will or a trust or both? Who is the trust for? Is it a testamentary trust or a trust that was set up while your father-in-law was alive?

Generally, a will must be probated. If the will sets up a testamentary trust, then you need to speak to the trustee named in the will. If a living trust was created, there usually is a pour-over will. The will still needs probated and anything left gets "poured over" into the existing trust. Again, speak to the trustee to ascertain your husband's rights.

Where did your father-in-law live at the time of his death? You should consult with a probate, estate and trust lawyer in the county/state where your husband's father lived and pay the attorney to review the documents.

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Answered on 3/14/11, 11:56 am


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