How do you differentiate a living trust to a will?

File for probating of your Father's estate, without a Will, in Probate Court. The Personal Representative will have the power to view all relevant papers.

Challenge the "living" trust. The trust is a vehicle through which one can place property for the benefit of others. If he did that... the property was transferred. Why he did it or whether it can be changed is the work of probate court. If the trust was not properly formed... you really do need an attorney.

To administer a will, a court proceeding is necessary. Trust administration is private. Get a lawyer to demand a copy of the trust.

For your purposes and question, there probably is no valid distinction between the two. You can ask to see the Trust documents; if ownership of all the assets have not been conveyed to the Trust then they would pass by intestate rules.

A living trust IS a document to view. You are entitled to a copy as an heir of your father.

Hire an attorney to threaten to sue unless a copy of the trust document is given to him or her to review. If the document is provided, then you can at least see the details of the trust. At that point you can decide whether or not it makes sense to sue the step-brother for undue influence, etc.

The living trust was in effect while your dad was living. Upon his death, it became an irrevocable trust. The trust must be funded to be valid. This funding can start at the time of its creation or upon your father's death. The will will define whether any of his estate is to be transferred to his trust. The trust identifies the trustee and who the beneficiaries are. It also will identify how long the trust is to be in effect and what is to happen to the remaining funds at that time. If you believe that there is a will, you can seek a hearing with the court to have the will produced and filed.

A living trust is created and goes into existence during the life of the settlor (the creator of the trust). It can hold assets of the settlor while the settlor is alive. The trust would typically have provisions for the distribution of assets upon the death of the settlor. The trust document is not a matter of public record. A will goes into effect at the death of the creator of the will (the testator). The will contains provisions for the distribution of assets owned by the testator at the time of his death. Assets owned in the trust are not subject to probate. Typically, the settlor would have a will in addition to the trust. The will would typically transfer assets owned by the testator into the trust at the time of death but it could also have other testamentary provisions. Statute requires that the will be filed within 30 days of the date of death. An interested party could open a probate based upon the will, if filed, or an intestate estate if no will is on file. An interested party can open the probate even if another person is nominated as the executor. Once a probate is opened, an interested party could force the court appointed representative to obtain and disclose a copy of the trust for the family to see. Given the fact that the family can force disclosure of the trust document it would make sense that the trustee under the living trust should provide a copy to the family.

A trust does not have to go through probate like a will does, therefore the documents are private. You can try to find out who the trustee is and TRY to get verification of the beneficiary; however, this information does not have to be published to anyone.

A trust has to be created so there must be documentation somewhere. Tursts can be created for many reasons but often they are established to provide a regular, steady income to a person who is incapacitated or incompetant or otherwise unable to handle money successfully.