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Richard, Attorney
Category: Legal
Satisfied Customers: 53698
Experience:  Attorney with 29 years of experience.
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My mother just passed away. She had a living trust that listed

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My mother just passed away. She had a living trust that listed her bank accounts in Bank of America, among others. She, however, apparently never actually went to the bank to put the accounts into a bank account under the trust name. What are my options as far as the legal power of the living trust documents? Should I just file for the affadavit to collect accounts? (her house, which i am living in, is named under the trust)
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Unfortunately, since the accounts were never actually transferred to the living trust during her life, you would not have authority under the trust agreement to access the money in the accounts. The trust agreement would only control assets that had actually been transferred to or put in the name of the trust. Thus, you will have to access those funds by presenting a Small Estate Affidavit to the banks.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that the reference in the trust agreement to the accounts was sufficient, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
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Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help!
Thank you also for the bonus! I appreciate your kindness and your generosity!

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