Can a probate judge take personal property that has been titled into an irrevocable trust and specified named beneficiary?

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Can a probate judge take personal property that has been titled into an irrevocable trust and specified named beneficiary?

My grandfather made and deeded everything he owned into a trust. He passed away 6 years ago..The trust was very specific and simple in the process. Everything was completed as instructed in the trust within 14 months. A year later probate was opened. I had been named as trustee as well as personal representative. Without signing or being officially removed another was named as personal representative of a pour over Will only. I had responded with an answer to court papers that I received yet I am being compelled to turn over personal property. How can this be since my grandfather thought he did everything necessary to avoid this?

Asked on June 20, 2011 under Estate Planning, Florida

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for your situation.  The way that you have phrased the question leaves a lot of unanswered question on this end.  You need legal help here.  Someone has to read all the documents and figure out why this is happening.  Generally a Pour Over Will is established by an individual who has already taken the necessary steps to set up a trust, so that upon the death of the individual, all of his or her assets not already in the trust are to be transferred - or "poured over" - to the trust.  So what you are saying makes no sense without reading all the documents.  Please get help.  Good luck.


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