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Trust excluded from probate?

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sluffduck98

Junior Member
What is the name of your state? VA

Mom had a trust with the language "upon Moms death the balance of principal remaining in this trust shall be paid over and delivered to such persons exclusive of Mom or her estate or the creditors of Moms or the creditors of her estate, and in such amounts and proportions as she shall appoint in and by her Last Will and Testament making specific reference to this power"

Should this trust be excluded from her probateable estate?

Thanks.
 


Dandy Don

Senior Member
Trust matters are always handled outside of probate.

The problem here is in the confusing language of the will. It makes you wonder whether the will was drafted by an attorney or not. Makes it difficult to figure out the true intention, but the language of the trust will override/prevail over the will.

DANDY DON IN OKLAHOMA ([email protected])
 

sluffduck98

Junior Member
Thanks for your response. Just to clariify, the language I had in the original question was from the Trust not from the will.
 

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