why is will now in probate?

[stheresa]

What is the name of your state (only U.S. law)? Pennsylvania

Trying to find out why grandfathers will went to probate when it was supposed to be a living trust to avoid probate? His 2nd wife is exectutor and is not in will, go figure, but his 2 children are the ones who will inherit his estate. His wife is the one dealing with the lawyer, she's asking no questions of him. Was told it could take up to a year to settle the will. Nothing too complicated in it, mostly investments.
There was a change in the will a few years ago when one of the children were taken out of it. Could this have something to do with the fact that it's now going to probate?

 

[nextwife]

If there are assets not already in a trust, those assets need to be probated. The will may ditribute the designated assets to a trust, but anything NOT in a trust and subject to probate will need to be handled through probate.

 

[Dandy Don]

The decedent may have decided to put some of his assets in the trust and other assets into the will. His wife needs to ask the attorney exactly what amount she is eligible to get from the will (her spousal share by law, even if she was omitted by name from the will) and whether she is also eligible for a share of the trust.

DANDY DON IN OKLAHOMA ([email protected])