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When does a trust or will have to be probated in Ohio?
Trusts are not probated. In fact, people transfer their property to trusts in order to avoid probate. A trust is managed according to the provisions set forth in the particular trust document. An estate must be probated if the decedent owned any property at the time of death.
Can a will or trust be probated before trustees decease?
You are mixing your terms. A will provides instructions regarding the distribution of a person's estate after they have died. A will must be probated after the death of the testator.A trust is not probated. It is created to hold title to property so the property is not included in a person's estate. It is created by a living person who then transfers their property to the trustee of the trust. A trust is then managed by trustee according to the provisions in the trust document.A trust and a will are not the same. See related question link provided below.
Is a trust a public document?
No. A trust does not become public unless it has been recorded in the land records or is set forth in a will that has been probated.
When you get a letter of testamentary does that mean that the Trust or Will has been probated or is being probated?
"Letters Testamentary" are issued after the will has been probated. Probated means proved as genuine. It does not mean the process of administering the estate by collecting assets, paying bills and disbursing the estate. Once Letters are issued, the exeutor/executrix begins the administration of the estate. Letters Testamentary have no relation at all to trusts.
Do you have to go through probate in Connecticut?
No. A living trust is operative from the moment it is fully executed by the settlor (the person making the living trust). Wills have to be probated, because the maker of the will has died and is not able to identify the document claimed to be his will. The document must be proved (probated) as the proper last will and testament of the decedent before it becomes operative.
Do you probate living trust?
No, a living trust does not get "probated" the way a will is probated. Wills are probated, meaning proved, because the person who did the will is deceased and the witness to the will have to swear that that person did sign the will properly in their presence. The living trust is like a deed to a house. It is effective simply by its terms the the person who created it has set it up. While traditional probate is not required, some states provide that the trust should be filed with the probate court in order to have identifying documentation issued to the trustees.
How can 2 estates be linked together?
No. Each must be probated separately.No. Each must be probated separately.No. Each must be probated separately.No. Each must be probated separately.
Is it legal for the trustee of a never probated trust to change the title on a property from The Jane Doe Trust to the trustees name as his sole and separate property and then get a loan?
Your question still lacks detail. Trusts are not probated. if a trust is set up in a will and the testator has died the trustee has no power at all until the will has been probated. Banks have the title checked to make sure the person applying for the mortgage has legal title to the real property. The situation you describe just doesn't make sense. You can go to the land records office and review a copy of the mortgage. Check to see what the mortgagor cited as his/her source of title.
Where do you get a copy of a deceased's will?
If the will was probated you can obtain a copy at the court where the will was probated. If it was not probated you must request a copy from the person who has the will in their possession.
Who can get copy of probated will in NJ?
A probated will is a public document. Anyone can obtain a copy.A probated will is a public document. Anyone can obtain a copy.A probated will is a public document. Anyone can obtain a copy.A probated will is a public document. Anyone can obtain a copy.
How do you see what has been left for you in a will if the person holding it in trust wont show you?
If the person who wrote the will is still living you have no legal right to see their will.If the person who wrote the will is deceased, and the will was probated, if you were a legatee named in the will, the Probate Court should have notified you that the will was being probated. If the death has occurred and the will has been probated and you did not receive such notification - you have a legal right to have the contents of the will disclosed to you. Consult an attorney if the information is being withheld from you.
Is a death certificate required to access a trust?
Your phrasing is incorrect. Perhaps this might answer what you want to know: A trust is managed by a trustee according to the terms set forth in the trust instrument. A testamentary trust (created in a will) will only become operational when the will is allowed and the estate is probated. You may provide more details on the discussion page.
