outofprobate

View Original

If my parents property is in a trust, can I still file a probate action to enforce the will?

If a property is in a trust, it is generally not subject to probate. This is because the trust document outlines how the property will be managed and distributed upon the grantor's death. In this case, the trust document and not the will, will govern the distribution of the property.

However, if the grantor's will contains specific provisions that contradict the trust document, probate court may get involved to resolve the conflict. In this case, a probate action may be necessary to enforce the terms of the will and ensure that the grantor's wishes are followed.

It's important to note that filing a probate action can be a complex and time-consuming process. It is recommended that you consult with an attorney who specializes in trust and estate law, to review the trust and will documents and advise you on the best course of action.