Legal Question in Wills and Trusts in Texas
867 Trust
If an individual has primarily non-probate assets and only 4-5K in probate assets. Is it possible to do a small estate affidavit for the probate assets and an 867 trust for the nonprobate assets without officially ''probating''? The statutes read that a court ''exercising probate jurisdiction'' can sign the order for an 867 trust. Does this mean a probate must be initiated or just that you must file the application where you would have filed the probate, if necessary?
Asked on 5/05/09, 4:13 pm
1 Answer from Attorneys
Patricia F. Bushman
BUSHMAN LAW OFFICES
Re: 867 Trust
You really need to consult a good probate attorney. I'm not even sure what you are asking or what an 867 Trust has to do with the estate. 867's are not cheap or easy and not something to open lightly.
Answered on 5/06/09, 12:08 pm
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