My father died in a car accident and his last action was to text me saying I revoke my trust and will. I am the trustee. What shall I do?
If your father died in a car accident and his last action was to text you stating that he revokes his trust and will, it can be a complex and difficult situation. Here are some steps you may consider taking:
Review the text message: Carefully review the text message to ensure that it was sent by your father and that it clearly states that he is revoking his trust and will.
Consult with an attorney: Consult with an attorney who specializes in trust and estate law to help you understand the legal implications of the text message and to advise you on the best course of action.
Review the trust and will documents: Review the trust and will documents to ensure that they have been revoked in accordance with the legal requirements.
Notify beneficiaries: Inform the beneficiaries of the trust and will and keep them informed of the steps you are taking to resolve the issue.
Consider seeking court resolution: If the text message is considered a valid revocation of the trust and will and it's not executed in accordance with the legal requirements, or if there is any doubt about the validity of the text message, you may need to petition the court for a determination of the validity of the text message.
Seek Probate: If the trust and will are revoked, the assets of the decedent will be distributed according to the laws of Intestate Succession, in this case, a probate action will be necessary.
It's important to note that the revocation of the trust and will by text message, may not be considered a valid revocation in some states and the laws may vary, so seeking legal advice and guidance is crucial in this situation.