Can we instruct the administrator of our Will to set up a Trust upon the death of the last survivor?

We own everything in joint tenancy.

Asked on October 5, 2013 under Estate Planning, Kansas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You are doing some estate planning here which is great.  But you should speak with some one now about the Trust to avoid the property ever going through probate.  The Will can create a Trust (called a testamentary trust) itself but it has to be written in there.  Speak with some one.  Good luck.

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