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If a person dies and they have a living trust and will but…

If a person dies...

If a person dies and they have a living trust and will but family had them create a new will does that void the living trust?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Ohio

Lawyer's Assistant: What documents or supporting evidence do you have?

The original/ amended will done with lawyer of 20+ years and trust documents. Have not been given copy of newly created will within past 18 mos at prompting of other family.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The new will was created with a lawyer not before used by this person and the person had documented cognition deficit related to dementia

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Answered in 1 minute by:
12/19/2017
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 36,335
Experience: 30 years experience in the practice of estate law.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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The will and trust are 2 different instruments and do not really affect each other because the trust only affects the items titled to the trust and the will affects everything else, not titled in joint tenancy or with a named beneficiary.

So, any property titled to the trust is not affected by a new will. It is still titled to the trust.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 2 months ago
Can the trust be revoked or voided in the new will even thought they are separate instruments? For example the new will was created in 2016 but the trust was created prior to that. Can the person State in the new will they choose to revoke the trust? Also, if a trust is in place can it be voided using a different lawyer then the one that created the trust? I
Customer reply replied 2 months ago
If a trust was created in 2014, amended to add a co-trustee in Jan 2017 but in 2016 a new trust was created which is valid? The 2016 newest created or 2017 amended since last updated?

The will can only revoke or modify the trust if the trust allows it in its terms. Generally, it can not. Also, the assets in the trust would need to be conveyed back to the settlor.

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Did you have further questions? Have I answered your question? Please let me know.

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Customer reply replied 2 months ago
If a trust was created in 2014, amended to add a co-trustee in Jan 2017 but in 2016 a new trust was created with different lawyers and client may not cognitively know there are 2 trusts then which is valid? The 2016 newest created or 2017 amended since last updated?

If the settlor lacked the capacity to understand what they were doing with the trust then the amendment would be vulnerable to attack in the probate court.

However, it is presumed valid and the burden of proof is on the person challenging the amendment.

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But, again, it depends to which trust the assets are titled.

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Customer reply replied 2 months ago
Thank you

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Thank you!

Loren

Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 36,335
Experience: 30 years experience in the practice of estate law.
Verified
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Loren
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Category: Estate Law
Satisfied Customers: 36,335
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Experience: 30 years experience in the practice of estate law.

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