Wichita, KS asked in Estate Planning for Kansas

Q: My wife is the Trustee of her mother's irrevocable family trust. How does she get a letter of testamentary?

Who does she present it to, and how does she present it? Her mother passed away 15 December 2021, and she is trying to figure this all out. She has a check from her mom's original checking account, made out to her mom's Irrevocable Family Trust, and she needs to open an account under the trust. She was told she needed a testamentary and a UIN.

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1 Lawyer Answer
Scott C. Stockwell
Scott C. Stockwell
  • Estate Planning Lawyer
  • Lawrence, KS
  • Licensed in Kansas

A: A trust is managed by a trustee. A probate estate is managed by an executor (if there is a will) or administrator (if there is no will). If there is a will, it must be filed with the court within six months of the date of death; if there is no need to probate the will, the will may be filed with the court pursuant to K.S.A. 59-618a to preserve it for later use. A trust created white the grantor was living would typically name a trustee to succeed the initial trustee and identify some qualification for such successor trustee.

Your wife should consult with an attorney to sort out the steps to take to manage the affairs of the trust and/or the probate estate.

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