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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2677
Experience:  Litigation Attorney with education focus on estate planning and tax
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My ex-husband had a trust, but when he became terminally ill

Customer Question

My ex-husband had a trust, but when he became terminally ill he needed medicare services to help at the end of his illness. We were told that we had to take the real property out of the trust so that he could receive these services. Now he has passed and my question is do I need to probate the property or does it still pass through his trust. I have always been the only beneficiary in his trust.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

If the property is not legally included in the trust, it will need to be probated unless the trust was held by you and your ex husband jointly with a right of survivorship. Your name would have to be on the deed for this. In that case, it would pass outside of probate and be able to be placed in your name solely. If this is not the case then the property would have to go through probate according to the laws in your state.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)

Expert:  Christopher B, Esq replied 1 year ago.
I see you have reviewed my answer, please let me know if you have any further questions and please positively rate my answer if satisfied.

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