If my mother just passed and left a living Trust, do we need to go to probate?
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If my mother just passed and left a living Trust, do we need to go to probate?
Virtually all of her assets were held in joint accounts with either my sister or myself as joint on those accounts. We have a POA. About the only thing not owned jointly is her car.
Asked on December 5, 2014 under Estate Planning, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
I am so sorry for your loss. It sounds as if Mom did her estate planning in her lifetime. First, the POA is no longer valid since Mom is gone. It dies with the person for whom it is put in place. Now, the property jointly held passed to either you or your sister at the time of her death so that is not a probate asset. The only asset that would need to be transferred is the car and you can probably do a small estate or Affidavit for Collection of Personal Property. I am giving you a PDF link here to take a look. Good luck.
https://www.colorado.gov/pacific/sites/default/files/DR2712.pdf
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