I just received a notification by trustee pursuant to probate code 16061.7 issued from an attorney representing my cousin as the Family Trust in my Mother’s estate . I’m listed as one of 6 Heirs. I’m Her only living child (Son). If I could prove I have the only living will for my mother , leaving me everything would I be responsible for her debt , if so would that be taken out of her estate money . I do not know how much money she has left .
My question is should I show the will or just leave it the way it is.
I don’t think she has any debt . I do think she has money in her savings account .I don’t know how much .Is there a way I could find out without telling them I have a well.
The short answer is to bring the trust and will to an attorney to review for you.
The long answer is that it all depends. If the first will was made before a new will and trust was made, then the first will is no longer valid. A trust will only transfer assets that are held by the trust, so you may want to look at what assets where held by the decedent, and whether there is another will.
You'll need an attorney to review this for you.
Assets in the trust will pass to the beneficiaries in accordance with its terms. A will would only be necessary in the event that one or more assets were not correctly titled. Even then, the will is probably what is known as a "pour over" will, and would be used in filing a petition to transfer the untitled assets into the trust. You should definitely consult with an experienced trust attorney for review and a more complete explanation. Good luck.
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