My uncle passed away in 4/11 leaving a portion of his estate to my father. My uncle had a living trust. Before funds we dispersed my father also passed away. His will left everything to my mother. An attorney is telling us my father's estate will have to be probated in view of the inheritance from my uncle, but otherewise it wouldn't have to be. Does this make sense?
Answer
Yes, because the trust cannot give the funds to someone who is deceased. The matter will be probated and then the trust will pay the funds to the deceased estate.
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