Tuesday, March 24, 2015

if the mother of three has a lawyer draw up a trust to describe how her estate is to be devided when she passes away, is there any reason th...

Question

if the mother of three has a lawyer draw up a trust to describe how her estate is to be devided when she passes away, is there any reason the family would need to hire a lawyer to devide the estate when she does pass?



Answer

I will say yes. The reason being, the trust us responsible for debt etc. the law requires notices be sent to creditors, creditors can file claims, claims paid according to the law. Transfer of real estate titles, vehicle titles are not easy. The fiduciary liability is on the successor trustee. Doing it wrong could mean personal liability...



Answer

It is not legally necessary, but it may be a good idea.



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