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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55469
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Our home of 50 years is held in a Trust Account. My husband

Customer Question

Our home of 50 years is held in a Trust Account. My husband passed away last Nov. and I'm the other named trustee. Does this have to go through probate?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
First, let me tell you how sorry I am for the loss of your husband. I'm sure this is a difficult time for you and I will certainly keep you in my prayers.
With regard to your specific question, the answer is no. Probate is only required for probate assets. Since the home is held by a trust, which is a separate and distinct entity, the trust document controls. And, because it's in the trust, it's not part of your husband's estate and thus not a probate asset. Thus, no probate is required. :)
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