Will & Living Trust & Individual Trust.

Will & Living Trust & Individual Trust.

My father died. He had a will & living trust which I thought said all goes to mother then me, as beneficiary. Then an individual trust pops up mentioning her as trustee and only saying "he has 1 daughter". That's it. Nothing else about me. Does this mean I am not a beneficiary anymore? What does Will & Living Trust distribute?


Sorry, but its really tough to follow the details of what the documents do. You really need to hire a local probate attorney to sort it out. If your father had a will, then assets in his estate (probate assets) should pass under the will. If the will included a pour over provision pouring assets into a trust than the trust would govern those assets as well. If the will did not include a pour over provision the the terms of the will govern those assets. Assets that are passed by beneficiary designation or title will not be governed by either the will or trust. For example, a life insurance policy or IRA pass to the designated beneficiary, not whoever is designated in the will or trust as beneficiary. If is common to mention family members in a document even if they are not beneficiaries, so it is possible that a trust mentions you but does not make you a beneficiary. However, if you believe it was an error, oversight, or the result of undue influence, you may wish to ask the lawyer you hire to challenge the will. Another point, the documents may leave everything outright to your mother but may have only provided that you were a beneficiary if your mother died before your father. Again, you really need to get a local lawyer to review the will, trust and any other documents, how they relate to each other, and the title to assets. Good luck.

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