Does a will over ride an existing living trust?

Answer 1

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.

Answer 2

In most cases, a will does not override an existing living trust because the living trust typically supersedes the will in terms of asset distribution. Assets held in the trust are governed by the terms of the trust, while assets listed in the will are subject to probate. It is important to review both documents to ensure they align with your wishes.