If I am listed in a trust as a beneficiary wouldn't that mean I am an heir for will in probate purposes. ? TX

Question

Dad died. Stepmother put will thru probate . Told court judge she is ONLY heir of my dad. Then she draws up an estate settlement & distribution papers wanting us kids from previous marriage to sign giving us nothing & us signing over all separate property and two houses to her to do w as she wants. She made her will out n say we get a sixth when she dies in return for signing over everything to her bc the trust was never funded (the houses I guess were supposed to be put in trust but weren't before dad died.)

Gratia "Grace" P. Schoemakers · Answer

Not necessarily. In most cases  when there is a trust, the will is a pour over will leaving everything to the trust. However, the only way to find out is to see what the will says. Once a will is being probated, they are part of the public records of the probate court in the county where probate is pending. You should check the court records to find out what the will says.

Terry Lynn Garrett · Answer

A trust governs what has been contributed to it.  Since the trust was never funded, it essentially does not exist. 
 
Anything not in the trust (and not passing as a pay on death bank account, transfer on death brokerage account, or to a designated beneficiary of a life insurance policy, transfer on death deed, etc.) is part of the probate estate. 
 
If there was a Will, the estate passes pursuant to that Will.  If not, and if there are children who are the decedent's children but not children of the surviving spouse, the decedent's 50% share passes to his children in equal portions.  The surviving spouse still has a right to live in the house, paying maintenance, mortgage interest, and property taxes.

Q: If I am listed in a trust as a beneficiary wouldn't that mean I am an heir for will in probate purposes. ? TX