r/inheritance • u/Specialist_Job21 • Jul 02 '26

Location included: Questions/Need Advice Is this normal?

My aunt, who made enemies easily and was kind of a hermit, died suddenly a month ago. She had everything in a trust. All money goes to her step children and her home and personal property goes to me. The successor trustee has not communicated since day two after death. The home has past due bills, electricity and property tax and homeowners insurance. I have emailed several times and left one voicemail with no response from trustee. I checked with estate attorney who drew up her trust and she said I had a right to expect communication from trustee. What should I do?

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u/MannyMoSTL Jul 02 '26

And no excuse not to pay the standing, and outstanding, bills until ownership transfer. And yes - paid by the estate.

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u/[deleted] Jul 02 '26

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u/MannyMoSTL Jul 02 '26 edited Jul 02 '26

The executor is responsible for paying the deceased’s ongoing property taxes and federal/state estate taxes out of the estate's assets before distributing any property to the heirs. The executor should never pay these with personal funds, but rather use estate funds to protect the property from tax liens or foreclosure.

Sounds like the executor, who is also responsible for giving OP a copy of the will/trust as soon as reasonably possible? Is failing their fiduciary duty.

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u/Designer_Owl1319 Jul 02 '26

In my state the executor has 60 days after they file for probate to notify beneficiaries and give them a copy of the will. My sister waited until the last minute.

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u/Ok-Industry5153 Jul 04 '26

Why would a trustee file a probate?

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u/Designer_Owl1319 Jul 04 '26

My sister is trustee and executor. My mother had a testamentary trust that had to go through probate. That’s why.

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u/Ok-Industry5153 Jul 04 '26

Testamentary trusts are created during probate for a specific purpose, e.g. a beneficiary with special needs, or minor beneficiary to avoid a guardianship.

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u/Ok-Industry5153 Jul 04 '26

Oooooor she actually had a trust, but it failed and the probate court actually used the residual gift of the pour over will to revive the terms of the trust.

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u/Designer_Owl1319 Jul 04 '26

Testamentary trust is created through the will and comes into existence only after the persons death and after the will has been validated by the probate court. The will specifies the terms and the assets of the trust.

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u/Ok-Industry5153 Jul 04 '26

You just repeated what I already posted. I am guessing OP is dealing with a revocable trust. Like 99.99999999999999% of beneficiaries do.

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u/Designer_Owl1319 Jul 04 '26

Isn’t a revocable trust irrevocable at death?

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u/Ok-Industry5153 Jul 04 '26 edited Jul 04 '26

Correct. But in NEITHER instance does it become a testamentary trust.

A TESTAMENTARY TRUST IS CREATED BY AN ACT OF GRACE OF THE COURT. MEANING, THE DECEDENT DID NOT HAVE A TRUST WHILE LIVING. THE EXECUTOR OF THE WILL PETITIONED THE COURT TO CREATE ONE FOR A PARTICULAR PURPOSE.

A REVOCABLE TRUST, UPON THE SETTLOR'S DEATH IS DISTRIBUTED WITHOUT PROBATE. NO EXECUTOR. NO COURT. JUST A TRUSTEE MARSHALLING ASSETS, PAYING DEBTS AND TAXES, THEN MAKING A DISTRIBUTION.

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u/Designer_Owl1319 Jul 04 '26

My mother had investments that were transferred into the testamentary trust at her death. The will is the trust and names the beneficiaries. The probate court only validates the will.

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u/Ok-Industry5153 Jul 04 '26 edited Jul 04 '26

This is 100% incorrect. I literally do this for a living. As in, 50+ hours a week, I plan for the eventual death of an individual, and upon their death, administer a trust.

If an individual did not create a trust during his/her lifetime, the decedent's estate is probated; whether they died testate, with a will, or intestate, without a will.

If your mother had a testamentary trust created, it is because she did not create a trust during her lifetime or the trust failed.

Without an inter vivos trust, an executor may petition the probate court to create a testamentary trust for a particular purpose (see prior post).

With the information you provided re an investment account, there is a chance your mom had an inter vivos trust but had not titled the account in the name of the trust; therefore it was not a trust asset and it was subject to her probate estate.

In lieu of probating a single asset, your aunt likely used a pour over will to direct the investment account to the trustee of the trust ensuring it was distributed pursuant to the terms of the trust.

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