Q: If an estate is in a trust but worth over 2.1 million in WA is it required to go to probate? We are being told it is and
I'm unsure why this is posted in the Minnesota jurisdiction, but the answer should generally be "no". A Trust is a vehicle designed specifically to avoid probate, no matter where it is created or where the person who created it (called the Settlor or Trustor) passes away.
The issue MAY be that the Settlor/Trustor failed to properly title ownership of all of his or her assets into the Trust. Most estate planning attorneys that draft Trusts include a document called a Pour Over Will. This document would require a probate to transition assets from the decedent's name individually into their Trust following death.
An asset amount should not trigger a probate on its own if the Trust properly holds title to the assets comprising the $2.1 million you reference. It would best to seek the counsel of an attorney that practices in probate and trust administration matters in Washington.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.