Q: We have a Will and a Trust but nothing was put into the Trust. Can assets 'flow through' probate into the trust?
We have a certificate of Domestic Partnership. He passed away in Wisconsin. We live in Florida and have some land and assets in Wisconsin. The Wisconsin lawyer who drew up the Will and the Trust 4 years ago says he does not have a copy of the documents, although his office literature says he keeps records for 7 years. The originals are in Florida. What if i can't find them? Are documents like this filed with a court? Where should i file for Probate? Wis. or Florida???
A:
If Florida was his place of residence (or domicile), you would file the probate case in Florida, but for real estate in Wisconsin you would also file an "ancillary" probate case there.
Wills can, but don't have to be, filed with the court in Florida. It may be the same in Wisconsin and, if he had a Wisconsin attorney draw up the documents, evidently the decedent was a Wisconsin resident when the documents were written.
I'm slightly confused by your statement that "The originals are in Florida", but you can't find them. If the attorney can't find copies, how do know where they might be?
If you can't find the originals, or otherwise prove their contents, probate would proceed as though the decedent died intestate.
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