Q: Mom died. All her assets are in a trust. Do I (trustee) have to file her will if it has nothing to probate? Thanks.
A: No, if none of your mother's assets are in her name alone then no probate is needed. I do recommend you consult with an experienced attorney to make sure you understand your duties as Successor Trustee. Often this is just a one-time consultation but can be very important to ensure that you are avoiding problems.
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