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RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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MY BROTHER JUST PASSED A MONTH AGO. I ASKED MY NIECE ABOUT

Customer Question

MY BROTHER JUST PASSED A MONTH AGO. I ASKED MY NIECE ABOUT HIS WILL, SHE TOLD ME THAT THEIR WAS NO WILL. MY BROTHER TOLD ME MADE A WILL WAS MADE
I CONTINUED TO QUESTION HE HAD SET UP A TRUST FOR HIS TWO GRAND CHILDREN,
ALSO FOR HIS GRAND NEPHEW. SHE TOLD ME THAT WAS CORRECT AND THAT SHE WAS IN CHARGE WHEN THEY REACHED THE AGE.
MY BIG QUESTION, HOW CAN YOU SET UP A TRUST WITH YOUR ATTORNEY AND SAY THERE WAS NO WILL?? SHOULD I GO STRAIGHT TO THE ATTORNEY ??? PLEASE ADVISE
I THOUGHT ALL WILLS SUBJECT TO PROBATE
Submitted: 17 days ago.
Category: Legal
Expert:  RobertJDFL replied 17 days ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 17 days ago.

My condolences on your loss of your brother.

If there was a trust, then there would be a "pour over" or "catch all" will that essentially directs that anything not in the trust be "poured over" and distributed according to the terms of the trust. The trust would be the controlling document, in other words.

It's possible that your brother had a will at one point, and then later made a trust, which would supersede the will. Unlike a will, however, which should be filed with the court following death, a trust does not get filed with the court. The only people entitled to a copy of the trust would be the named beneficiaries of the trust, and the trustee is responsible for mailing them a copy. Persons not named in the trust are not entitled to a copy.

You can certainly ask your brother's lawyer if there was a will, but I don't know how much information he would give you beyond yes/no. Their duty is to the estate so I don't know how much they'll tell you.

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