Legal Question in Wills and Trusts in Pennsylvania

Is probate required in Pennsylvania if all decedents assets are in a family trust and the only benefices of the will are the co-executors of the estate & trust.


Asked on 10/28/10, 11:46 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Does the trust own the car? the furniture? the real property? bank accounts? investment accounts? CDs? etc.

If any of those are not titled in the trust, those assets have to go through probate. There are rarely estates that really do not own anything and where all assets are properly titled in the trust.

Consult a local lawyer to make the determination as to whether probate or some other distribution of assets is called for.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 11/02/10, 1:03 pm


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