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Ray, Lawyer
Category: Legal
Satisfied Customers: 41597
Experience:  30 years in civil, probate, real estate, elder law
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My mother has a trust on her house that hAS ME AS THE

Customer Question

My mother has a trust on her house that hAS ME AS THE EXTECITURE when she passes. I want to know if the trust must follow the will because my brother is concerned I can take the house myself even thought the will devides everything by 3
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: we are in virgina
JA: Has anything been filed or reported?
Customer: We have a trust and will but she has not passed
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 months ago.
Category: Legal
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 9 months ago.

So let me verify title to the house is in the name of the trust or her name?It matters because trust assets pass under the trust and anything in her name passes under her will here.Thanks.

Customer: replied 9 months ago.
the tilte of the house is in her name
Expert:  Ray replied 9 months ago.

So here the house is part of the estate and would pass under the terms of the will rather than the trust if not retitled before they decease.

Thanks again