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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41575
Experience:  Texas Attorney for 30 years dealing in real estate
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Does a will override a living trust or vise versa

Customer Question

Does a will override a living trust or vise versa
Submitted: 2 years ago.
Category: Real Estate Law
Customer: replied 2 years ago.
A friend just passed left a will leaving everything to me not knowing he had living trust leaving his family as trustee after death but it was in early 80's found paper with his signature revoking which I believe is the trust I just like to know what the outlook of all this will be or some kind of advise input or direction on how to go about this. Thank you
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
I got your added information the will trumps here the trust has no assets , nothing was transferred into the name of the trust.It is an empty trust no assets .If the will is admitted to probate it trumps and controls all the assets because they were not placed under the trust name.The deceased did not follow through on the trust and transferring any property to it, so the will controls here.
Again the trust is empty here it does not control anything since there were no transfers of title made.It doesn't control anything it was unfunded.
You would want to make sure application to probate the will is made here and a personal representative named. The will likely named such a person, it may be you .
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 2 years ago.
You appear to be the sole heir, you may want to consider your own lawyer to protect the assets and your interests.
Here is lawyer referral.
Appreciate the chance to help you.Congratulations on the inheritance.

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