FAQs
Frequently Asked Questions for the Will & Trust
- If I don't have any assets do I still need a will?
- If I don't have any assets what other documents besides a will do I need?
- What is the difference between the executor and successor trustee?
- If I am single who should I choose as an executor and successor trustee?
- Is there ever a circumstance when the same person should not be the executor and successor trustee?
- Who is responsible for filing the estate's final tax return?
- What happens if you have been named as an executor and successor trustee and you don't want to take on the role?
- Are executor and trustees ever paid?
- Can a beneficiary get an accounting from the Trustee on how expenses have been paid?
- What is the best way to protect assets for minor children and why does the trust say a beneficiary must be at least 30 years old for an outright distribution?
- If I am the executor can I hire someone to do certain tasks such as cleaning out a home?
- Why would someone not want to get paid for managing an estate?
- What happens if there is no trust or will?
- Can a financial power of attorney be used after someone dies?
- What exactly is probate?
- How long does probate last?
- What if there is not enough money to pay for all expenses?
- What if there is a specific cash gift in the will but there is no cash to distribute after all expenses are paid?
- What if a specific gift was named in the will but it no longer exists?
- Is there a simpler probate procedure for small estates?
- If there is not cash to pay all expenses, what gets paid first?
- What is a probate affidavit?
- What is summary probate?
- Estate documents did not include children born after the documents were created?
- What if someone recently remarried and did not update their estate documents naming the new spouse before they died?
- Can I leave funds to a pet?
- If you inherit a house with a mortgage who is responsible for paying the mortgage?
- How do minors inherit as a beneficiary?
- If my spouse has died what happens to our married trust?
- If I own property in multiple states, what state do I use for the trust?