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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55717
Experience:  29 years of experience practicing law, including tax and estate planning.
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If a Living trust was written in 2003, would the will to the

Customer Question

If a Living trust was written in 2003, would the will to the estate supercede the will to the estate if the will was written in 2010? Thank you.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.

Good evening. My name is ***** ***** I look forward to helping you.

The will and the trust cover different assets. The will doesn't undo the trust. Here's what happens....with respect to any assets transferred to the trust so that title is held by the trust at the time of death, the trust agreement is going to control; but, the trust agreement only controls those assets that were transferred to the trust; with respect to assets that never were transferred to the trust, then the will is going to control those assets unless such assets were of a type that transfer automatically outside the will and outside probate. These include the following: i) joint brokerage and bank accounts which vest automatically in the surviving owner upon the death of one owner; ii) real property held as joint tenants or tenants by the entirety, which also vest automatically in the surviving owner upon the death of one owner; and iii) assets with designated beneficiaries other than the estate such as life insurance and retirement accounts.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Expert:  Richard replied 1 year ago.

Good evening. My name is ***** ***** I look forward to helping you.

The will and the trust cover different assets. The will doesn't undo the trust. Here's what happens....with respect to any assets transferred to the trust so that title is held by the trust at the time of death, the trust agreement is going to control; but, the trust agreement only controls those assets that were transferred to the trust; with respect to assets that never were transferred to the trust, then the will is going to control those assets unless such assets were of a type that transfer automatically outside the will and outside probate. These include the following: i) joint brokerage and bank accounts which vest automatically in the surviving owner upon the death of one owner; ii) real property held as joint tenants or tenants by the entirety, which also vest automatically in the surviving owner upon the death of one owner; and iii) assets with designated beneficiaries other than the estate such as life insurance and retirement accounts.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!