M
MasterSgt
Guest
What is the name of your state? North Carolina
If a trust lists real estate shares to go to it's co-successor trustees upon the death of the trust maker, and a pour over will gives the "residuary estate, being all real and personal property" to the trust what happens if the real estate mentioned was not deeded to the trust?
Does the land still go directly to the co-successor trustees immediately or is it part of the residuary estate in the pour over will and need to go through probate before distribution?
My lawyer said it is part of the pour over will and the will must be probated first. My brother's lawyer told him that his share was his now and that he could have all the rental income his share produced. Who is correct? Taxes and debts are to be paid out of the property income and my brother is spending 2/3's of it on himself!
If a trust lists real estate shares to go to it's co-successor trustees upon the death of the trust maker, and a pour over will gives the "residuary estate, being all real and personal property" to the trust what happens if the real estate mentioned was not deeded to the trust?
Does the land still go directly to the co-successor trustees immediately or is it part of the residuary estate in the pour over will and need to go through probate before distribution?
My lawyer said it is part of the pour over will and the will must be probated first. My brother's lawyer told him that his share was his now and that he could have all the rental income his share produced. Who is correct? Taxes and debts are to be paid out of the property income and my brother is spending 2/3's of it on himself!