Legal Question in Wills and Trusts in Indiana

if you have a will and a family trust and your spouse passes away and in the will the surviving spouse is to get everything and the executor of the estate to you have file with the probate court in the county you live in

Asked on 12/20/23, 6:57 am

2 Answers from Attorneys

C. David DuMond Law Offices of David DuMond

There is insufficient information to answer this question. Your attorney will need to know if the "family trust" was ever funded, what assets remain in the family trust, whether the provisions of the will and the family trust are identical, and if not identical then the terms by which they differ. Obtain this information before making an appointment with a probate lawyer in the county where the decedent died. Good luck.

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Answered on 12/20/23, 10:11 am
Richard Bryan Richard Bryan Attorney PC

The answer depends on what the Family Trust says, and whether or not all of the decedent's assets had been transferred to the trust before death. The answer is probably going to be "yes" anyway; most often the will has to go through probate even where the decedent had already setup a trust to avoid probate. Most of the time people to through step 1 of creating the trust, but then don't follow up with the next step to actually transfer assets into the trust.

Good luck.

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Answered on 12/20/23, 10:42 am

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