How to set up a trust now that my husband has passed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to set up a trust now that my husband has passed?
My husband passed away 5 months ago from a heart attack. He left no Will for me and his kids who are grown. I went to the bank to try and get money from his accounts to pay for the funeral but they told me I was not on the account and had to set up a trust, which I know nothing about or how to do this. Can you please give advice on how to do this?
Asked on June 9, 2012 under Estate Planning, Mississippi
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your loss. I am unsure that a trust is an option for you at this point in time given that the money is in your husband's name onle. You would need to open a probate for his estate and be appointed as the personal representative in order to access the funds. A portion of those funds would also go to his cheilren under the intestacy statutes in your state. Please seek help. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.