Q: How does a trust when canceled apon my moms death take place An do I need a attorney for this process or trust bank
The will was set up for my mom that had some challenges she passed this week the will reads canceled apon death An goes to her surviving children which is me I’m only child now what how’s process through bbt bank North Carolina an I’m in westminster md they closed trust dept in bank here few years ago what steps does bank take the lady I am working with never met me or my mom there’s only a excecutor left all trustees have passed trust was made in 1987 how can I be safe An I want to go in smart not stupid what’s my next step how long does trust have to end this process etc help I’m not really educated on this process
A:
It is unclear why a Will would read "cancelled upon death." If all of the assets were owned by a Trust, then the Trust terms will dictate how long it takes to disburse the assets. Some trusts are written to disburse over a long period of time while others disburse immediately after the death of the original maker (called the Trust "Grantor" or "Settlor")
Generally, you'll need to open up an estate (if an estate is necessary) in the state where the decedent (your mom) was "domiciled" at the time of her death. This usually is where they were living. The laws of that state will control the process. It doesn't usually matter where the bank accounts were originally set up.
An attorney cannot really answer other questions without reviewing the specific Trust paperwork. The "next step" is probably to sit down and meet with an attorney who can review the Will and Trust, look at how the assets are titled and offer you advice.
While this is not legal advice or a promise to represent I hope that it helps.
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