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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.

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Can a will override an older revocable trust?

The trust property is not part of the estate unless the trust is found to be invalid and the testator was also the trustor. The will provides for the distribution of property owned by the testator at the time of death. More specific details may be added on the discussion page.


Does a will override a revocable trust?

Usually a revocable trust takes precedence over a will when it comes to distributing assets. Assets held in a trust don't typically go through probate, unlike those held in a will. However, it's essential to ensure that the trust is properly funded and that the terms of both the will and the trust are aligned to avoid conflicts.


Does a will over ride an existing living trust?

A will can only distribute property owned by the testator at the time of their death. If the property is in a trust it is not a part of the testator's estate. However, the trust may have provisions as to the distribution of the trust property upon the death of the trustor. However, you should consult with an attorney who can review the situation and explain your rights and options, perhaps the attorney who is handling the estate.


Do you as executor have the power to override others in will?

Override? The executor of the will has a sworn duty to execute the will as written. They present the distribution plan to the court and the court approves it. They can contest the plan if it isn't equitable.


Who has custody of the irrevocable trust?

The assets in an irrevocable trust are legally owned by the trust itself, not by any individual. The trustee is responsible for managing the trust assets for the benefit of the trust beneficiaries as outlined in the trust agreement.

Related Questions

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.


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.


Can a will override an older revocable trust?

The trust property is not part of the estate unless the trust is found to be invalid and the testator was also the trustor. The will provides for the distribution of property owned by the testator at the time of death. More specific details may be added on the discussion page.


Does a will override a revocable trust?

Usually a revocable trust takes precedence over a will when it comes to distributing assets. Assets held in a trust don't typically go through probate, unlike those held in a will. However, it's essential to ensure that the trust is properly funded and that the terms of both the will and the trust are aligned to avoid conflicts.


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.


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The judge will override the sentencing she received.