Does my 94 year old father need a living trust or do I need him to have one ?

ADDITIONAL INFORMATION:

My father is involved in a case in probate over his decreased wife’s estate. It could be worth about 100k. If he passes away would there be a problem in continuing the lawsuit if he doesn’t have a living trust? I have POA and am executor of his estate but wouldn’t there be a period when I couldn’t do anything

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

Only a personal representative/executor can continue a lawsuit after a person’s death.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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