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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 10484
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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In the state of LA, my father had an irrevocable trust in my

Customer Question

In the state of LA, my father had an irrevocable trust in my step mothers name, the will was never filed and I only have 3 pages of it. I did however, have to sign a transfer title for a vehicle in my dada name to my step mother. If everything was in her name, until she dies why would I need to sign that, and how can I get all pages of the will if it was never filed and I live in NJ? I hate to think there is more to this will than I'm being told. My father had a good deal of money.
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

If there is an irrevocable trust, that usually governs all of the property that is named in the trust; it is possible that the vehicle was not placed in the trust, which is why the request would have been made for the signature on the title. All potential heirs are entitled to a copy of the will; if the attorney refuses to provide it, one can bring a motion to compel; generally the potential heirs (ie children) are allowed a copy to ensure that the testator's wishes are being complied with.

Under LA intestate succession laws (these apply if the property is not held in trust, and there is no will), the children are entitled to the decedent's separate property. For community property, under "usufruct", the surviving spouse is entitled to the use and possession of the property during life, and then it reverts to the children.

There is certain property that passes by operation of law (without probate or a trust) and that is such things as jointly held property with a right of survivorship, a pay on death beneficiary account, and life insurance policies naming a specified beneficiary.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 1 year ago.

Checking in on the above;

thank you for using Just Answer.