Leslie Rubright Daff's Answers

How are my assets "transferred" to my trust?

It's very important to "fund" your living trust. An unfunded or partially funded living trust does not avoid probate. Essentially, you make ownership changes to change title on most of your assets from your name as an individual to your name as trustee of your living trust. For other assets, such as life insurance and retirement accounts, you will make beneficiary changes to properly distribute those assets upon your death (the beneficiary will not necessarily be your living trust, however -...

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My husband passes away, his mother is still living and has my husband as an heir in her trust Who inherits ? His children?

Typically trusts are drafted to leave assets to descendants "by representation" or "per stirpes" or similar language, which means your deceased husband's share would go to his descendants. Somewhat unlikely, but possible, is that the trust is drafted to leave her estate to her "surviving children" or to each of them by name, with a lapsed share going to the survivors, in which case it would go to your deceased husband's brothers and not your deceased husband's children.