Legal Question in Wills and Trusts in Pennsylvania
revocable living trust
Our father died 2001 leaving a revocable living trust and a will. In the trust our father states upon his death four properties (A1- A2-A3-A4) are to be put into our brothers name and the rest of the properties are to be divided in equal shares between his four children. Our problen is this, we cannot find the schedule which identifies the properties our brother is to get, (we have looked everywhere, even contacted the attorney who drafted the trust and will and his does not have a copy.) Two months before our father died he signed two properties over to our brother so we don't know what our brother is receive from remaining property. We think our brother is trying to pull a fast one on us so he can get more than his share. Would this trust be valid without a schedule and would our brother have to sign some kind of paper as successor trustee and filed with the trust? Our father's will just states share and share alike all real and personal property. Our brothers attorney said we would have to identifiy what property he is to get and we don't know. Please help!!
1 Answer from Attorneys
Re: revocable living trust
The revocable trust should be examined. There is a very good possibility that the property in the trust should pass through probate.