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


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


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.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate planning attorneys at the Beliveau Law Group provides legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Boca Raton, Florida; Danvers, Massachusetts; Waltham, Massachusetts; Quincy, Massachusetts; Manchester, New Hampshire and Salem, New Hampshire.

Email us now
close slider