My Uncle and His Son Both Passed

My Uncle and His Son Both Passed
question

MY UNCLE AND HIS SON PASSED AWAY HAS A LARGE ESTATE... THE PAPER READ FOR HIS ESTATE REVOCABLE TRUST AND HIS NAME.. FOLLOWING WAS HER NAME SAYING.. SUCCESSOR TRUSTEE...DID SHE HAVE TO SIGN ANY FORMS TO BE THAT... AND DOES THAT MEAN SHE GETS EVERYTHING.. EVERYONE ELSE GET NOTHING.. IT WAS ALL SET UP IN A TRUST

answer

The question is a bit confusing and the facts not fully clear but let's see if we can help you out.

MY UNCLE AND HIS SON PASSED AWAY - if they had a will, living trust or other mechanism to transfer title to assets those documents need to be reviewed to determine what should happen to the assets. If they had no will then the assets would pass by intestacy (the laws of the state that govern). Sounds as if your aunt had divorced and died previously and the son was the only heir.

HAS A LARGE ESTATE... There may be taxes due. You should check with a local estate attorney or CPA.

THE PAPER READ FOR HIS ESTATE REVOCABLE TRUST AND HIS NAME.. Sounds as if your uncle had a revocable living trust. If assets were owned by (titled in) the trust, then the terms of the trust will govern how those assets are distributed. This will not cover the distribution of assets you Uncle owned that was not in his trust. Also, you didn't clarify but if the son survived the Uncle and the son was the Uncle's heirs then the son's will (or intestacy if he did not have a will).

FOLLOWING WAS HER NAME SAYING.. SUCCESSOR TRUSTEE...You don't say who "her" is? Sounds like what you are indicating is that this person was a co trustee. But it is not clear what the facts are.

DID SHE HAVE TO SIGN ANY FORMS TO BE THAT... A person appointed as trustee generally signs the trust agreement indicating their acceptance. However, it is common for a successor trustee often does not sign the trust document but merely becomes a trustee pursuant to the terms of the trust.

AND DOES THAT MEAN SHE GETS EVERYTHING.. Again it is not clear what your facts are, but if in fact this person is a trustee that is separate from the status of being a beneficiary. She may or may not be, it depends on the terms of the revocable trust (also called living trust or loving trust). EVERYONE ELSE GET NOTHING.. It all depends on the terms of the trust. What do the distribution provisions of the trust provide for? Who are the beneficiaries?

IT WAS ALL SET UP IN A TRUST ... Again that doesn't resolve much. You need to look at the ownership and title to the assets, the will if any, the detailed terms of the trust, etc.

You really should consult with an estate planner or probate attorney in your area to get some help.

Our Consumer Webcasts and Blogs

Subscribe to our email list to receive information on consumer webcasts and blogs, for practical legal information in simple English, delivered to your inbox. For more professional driven information, please visit Shenkman Law to subscribe.

Ad Space