My dad did not transfer his house to his living trust before he died. What happens now?
When you create a living trust you should also sign a new Last Will and Testament. This Will, known as a pour over Will, contains a provision that provides that any assets not in the trust be placed in the trust. This way the distribution provisions in the trust will pass the assets to the persons you wished. Unfortunately, the assets left outside the trust will have to pass through probate to be placed into the trust. By failing to transfer those assets to the trust during lifetime, the probate avoidance benefit of the living trust was lost.
