Mitchell F. asked

⚖️  Law

If there is an irrevocable trust where the last surviving parent has passed away, leaving everything to three children, and a will written at the same time to cover anything else, with no assets except a small checking account under $5000 (which has one child's name as a joint account holder, trustee, and executrix), does anything need to be filed in probate since there is nothing to distribute? The first parent's death involved a car that went to probate, but nothing else was listed. All three siblings are in agreement and want to keep the trust as is due to market and real estate values being down. The will and trust were written by a NH attorney as the parents lived in NH and owned real estate there.

July 13th, 2023

Lee C. answered

No, there is nothing that needs to go through probate since the trust is not a probate asset and the...

July 13th, 2023

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