Non-funded Trust in probate

[freegene07]

My attorney filed an non-funded trust with a pour-over will with the probate court. My mom had an old will but was just starting her trust. Nothing was transferred into the trust. Is this correct? I trusted this attorney to do the right thing but now I have doubts. Thank you!

 

[seniorjudge]

Generally, an unfunded trust is nothing but a bunch of papers (i.e., it's not a trust at all).

Is ma dead?

What do you mean that your "...attorney filed an non-funded trust with a pour-over will with the probate court...."?

 

[freegene07]

In reply, yes, my mother passed away in March 2007.

My sisters demanded that I file this Trust document with probate court so I hired an attorney and that is what he filed...The Trust and Pour-over Will that was just drawn up on March 9, 2007. My mom died on the 24th. So, the trust was never funded. She did have an old will (just a will) that she had done many years ago but my sisters didn't want that filed. I thought that the original will should've been filed with probate.

Hey, I have no clue what to do and trusted a probate attorney to handle this for me.

 

[seniorjudge]

I think what you are trying to describe is a testamentary trust, meaning that there was nothing in the trust till ma died.

Is that what happened?

What problems are there?

 

[seniorjudge]

http://www.oag.state.ny.us/seniors/living_trust.html

 

[freegene07]

There is nothing in the Trust and my sister 's attorney says we now have to put my mom's house in the name of the Trust. I think this is incorrect.

 

[seniorjudge]

There is nothing in the Trust and my sister 's attorney says we now have to put my mom's house in the name of the Trust. I think this is incorrect.

Okay, did ma's NEW will say that?

 

[freegene07]

The new will (pour-over) states: It is my intent that all my personal and household effects were transferred to the Revocable Trust as a result of the Comprehensive Transfer Document. If there are any questions regarding the ownership of disposition of these assets, it is my desire that such assets pour into the Revocable Trust in accordance with the provisions of the section titled "Residue of Estate". My mom never completed any docs to transfer anything.