What is the law regarding probate and an inter vivos Trust?

UPDATED: Oct 19, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 19, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is the law regarding probate and an inter vivos Trust?

My father became the conservator and guardian of my grandmother, eho had dementia. He placed all her financial assets into an inter vivos revocable trust agreement in his name. He did not place her home or household items into the trust. She has since passed with a Will. Detailed documentation of financial assets have been given to probate. Can he pay her funeral expenses and taxes from this trust? What else does probate need to finalize her estate? s the trust subject to probate?

Asked on October 19, 2012 under Estate Planning, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country trust assest per a stated trust do not need to be probated. As to payment of expenses for your grandmother's burial and taxes from trust assets depends if the language of the trust allows such. Most likely it does with or without court approval.

As to assets not placed in trust such need to be probated for a later transfer to the designated heirs stated in the trust, Will or through an intestacy proceeding. I suggest that your father consult with a Wills and trust attorney about the matter you have written about.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption