Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.
No it would not be in the trust unless the account was title the ***** ***** Trust Account.Otherwise it was in her name personally and if there was no beneficiary it passed through probate and her estate.The trust here only owns things that are titled specifically in the name of the trust.It is possible she did not want the money in trust name or never got around to it.But overall this does not sound like a trust asset because the title or name on the account was not in the name of the trust for whatever reason.In that circumstance the trust has no claim to the funds.They can only claimed things title to the trust.
Please don't shoot the messenger here I wanted to give you accurate information under Illinois law.It was not a trust asset here since the trust name wasnot on the account.
Now whether you got your fair share here under the will or probate is a different issue.You have right to check into that but you would have to open probate and have judge review the matter.
I am so sorry for your loss of loved one, he wasn't lying here about the account assuming he divided it as probate would have done and you got that share.
I appreciate the chance to help you today.Thanks again.
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