Thursday, 17 July 2014

Upon a death, by law, which is legally considered first, a will or a revocable trust?

Question

Upon a death, by law, which is legally considered first, a will or a revocable trust?



Answer

The will will dispose of property which is in the estate, which would exclude property which had been transferred to the trust. So the first question is what property is in dispute, and is it property which had been transferred to the trust, in which case the trust terms would prevail; if the property was not transferred to the trust, the will determines its disposition.



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