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Law Pro
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Category: Family Law
Satisfied Customers: 24869
Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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My grandmother wanted to change her will after one of her two

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My grandmother wanted to change her will after one of her two daughters died. So she got a new will that left everything to her living daughter. After she passed we found out that her old will was actually a trust. The trust said she splits up everything between her two daughters or their heirs. In the trust she names the house. All she has are some old CD's that are in the name of the trust and the house. I don't believe she ever titled the house in the name of the trust. My question is two fold. Does the trust still take precedent over the will even though the will was her last wishes. And more importantly if the real estate is not titled in the name of the trust and just named in the trust will it go to the will or the trust. Thanks for you help

For the trust to be effective the trust has to be established. Thereafter, even if the trust is established there must be a transfer of assets into the trust (ie. new deed, etc.) for them to be a part of the trust.

 

Therefore, if the property was never transferred in to the trust - it was still owned and titled in your grandmother's name and passes pursuant to the will.

Customer: replied 8 years ago.
But as far as everything else does the trust take precedence over the will even though the will was her last wishes?
Customer: replied 8 years ago.
And I did just find out the house is titled in the trust. Are we just screwed? PS I will pay for the answer. Thanks

Now that you say the house is titled in the Trust - then it's owned by the Trust and will pass pursuant to the terms of the Trust. The Trust was funded and therefore there is a Trust.

Customer: replied 8 years ago.

I'm sorry I still don't understand. The new will doesn't mention the trust at all. I don't think she even realized she had a trust. She just thought she had an old will and was changing her will. Are you saying that the new will is how the property should be destributed? Or since everything is titled in the trust, is it distributed how the trust says.

 

 

Thanks again for your help and patience

The new will doesn't have to mention the Trust - the Trust is and has been funded. For example - some Wills don't specifically state each and every piece of real estate or personal property - they just leave whatever they have to so-and-so.

 

The Trust, as you have described, was funded and therefore it existed - the property within the Trust goes to whomever was/are the beneficiaries of the Trust - so the property goes to the daughters and/or their heirs.

 

As to the will - it's valid - but only so far was what your grandmother didn't already place in the Trust.

 

 

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