• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

trust over will

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

unicorn47

Junior Member
What is the name of your state (only U.S. law)? I live in Washington but my question will concern California law. My aunt had a trust drawn up in 98 but it was revised to have me as first trustee in 2003. My brother had been living with my aunt for about 2 years, we do not get along. I have moved my aunt to Washington since she has dementia.

My question is: If my brother took my aunt to another attorney and had a will made up and had her sign it, will it take precedence over the trust?
 


seniorjudge

Senior Member
Q: Did she make the will before or after she was incomptent?

Q: Do the provisions of the will conflict with the provisions of the trusts?
 

unicorn47

Junior Member
wills and trusts

The trust was written before the will. Actually I don't know if he had her get a will. I have power of attorney for health and finances. Her accounts are in the trust with me as signer.
She was declared incompetent in 2006 that is actually when she resigned and I became first trustee. What I want to know is if my brother had a new will made out after I became the first trustee, will the trust come before the will?
 

anteater

Senior Member
The trust provisions control assets that are in the trust. If there are assets not in the trust, a will or the state's intestate succession statutes determine distribution of those assets.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top