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Yes. If the property was transferred to a trust during the life of the testator it cannot be part of their estate after their death. Therefore, even if that property is mentioned in the Will, it is already gone from the estate and is now part of the trust property.
Wiki User
∙ 10y ago
Wiki User
∙ 13y agoProperty that was transferred to a trust is not part of the estate of a decedent. A decedent's estate is comprised of all the property she owned at the time of death. Therefore, if the decedent transferred property to a trust while living that property cannot then be passed by a Will since it was not owned by the decedent at death.
If you are referring to a testamentary trust that is set forth in a Will then the will must be examined to determine if the executor has greater authority over the property in the estate. For example, a testator could make a few bequests and then direct the balance of their property, including real estate, be placed in trust with the trust provisions set forth in the will. However, the testator can also give the executor the power to sell any estate property without any license of the court. Thus, the executor could sell any property, including real estate, before it passes to the trust.
Wiki User
∙ 7y agoYes. An irrevocable trust supersedes a will. Any type of trust established while the creator of the trust is alive will supersede a will.
Wiki User
∙ 9y agocan you change an irrivocable trust with a will
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Does a Grant deed override a Living Trust in California?
In the state of California, a Living Trust will override a grant deed. You should speak to a lawyer to draw one up.
Does a last will and testament override any previous wills?
The most recent will supersedes all previous wills. The will could specify that certain parts of a previous will remain valid.
If a mentally unstable child is to inherit a trust at age 18 can a parent override the age when trust is paid?
The person(s) who established the trust would have to amend the trust. Some trusts cannot be amended.
Will a will override a trust?
A person's will is intended to direct the distribution of their property after their death. Sometimes a person's assets change during life. If a person transferred property to a trust during his life that property would not become part of his estate unless some provision in the trust directed that the property should pass to the estate. Therefore a trust would "override a will" if the property mentioned in the will had already been transferred to a trust during the life of the testator.
Does a trust override a will?
Yes, a trust can override a will if assets are placed into the trust and controlled by the terms of the trust document rather than the instructions in the will. The assets in a trust typically do not go through probate like those in a will.
In previous jobs please describe how you build trust between yourself coworkers and your supervisor or manager?
In previous jobs, please describe how you build trust between yourself, coworkers and your supervisor or manager.
Can a living trust's division of real estate override a lonely recorded divorce decree of half equity upon sale or transfer of title?
No.
Can a will override an older revocable trust?
Yes, a will can override an older revocable trust by designating different beneficiaries or assets not included in the trust. However, it's advisable to seek legal advice to ensure that there are no conflicts or inconsistencies between the will and trust documents.
When will the amendment for slavery run out?
Constitutional Amendments are permanent, and do not have expiration dates. An amendment can be appealed, or another can override a previous amendment, such as with Prohibition, but the Amendment ending slavery will never be repealed.
How do you override edgewave iprism?
This system is hard to override.
Can you override the life cycle methods of a JSP?
You cannot override the jspService() method but you can override the jspInit() and jspDestroy() methods
What is a good sentence using the word override?
Do not override the thermostat.
