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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102146
Experience:  Fully licensed attorney in Texas in private practice.
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My father was planning on setting up an irrevocable trust,

Customer Question

My father was planning on setting up an irrevocable trust, but died before he did it. I'm trustee and my sister is POA for my mom (she's in a nursing home). Can she and I go ahead and set up the irrevocable trust even though my dad has died?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about your loss. Now, the trust may be set up by the inheritors of his estate. However, it has to be set up after probate is done for his estate. The fact that he intended to create a trust does not mean that the trust may automatically be created from his estate. Probate has to happen, and then the assets - once transferred to the beneficiaries - may be used to create a trust.

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I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Expert:  Ely replied 1 year ago.
Hello again. I am checking in because you have not rated positively. To me this means you may have another question. Please let me know – I am simply touching base. Thanks!

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