Probate Of Trust?

[OKIEDOKEY]

Grandma made an irrevocable trust putting land in it and making my mom/dad as trustees. Years later put the same land in a will saying my dad's sister is executor. Dad and grandma passed away; it has been in the court system for nearly 3 years with my mom and dad's sister over this land. Is this technically a "probate?" If so, thought that was the great thing on trusts, -- it bypass' probate. The lawyer who drew up the trust specifically put on the coversheet/trust, there would be no probate. Who pays for probate (if this is what has been in the courts now)? Thought each would pay their attorney(s) after judge rules. Are there other "hidden" costs involved? Can dad's sister appeal once judge says it goes to mom? Ever heard of an irrevocable trust be "broken" by a will?

 

[advisor10]

3-7-2002

DEAR OKIEDOKEY:

An irrevocable trust CAN NOT BE overridden by a will. The trust will stand. However, in this case, whoever put the same land in the will made a mistake, as this should not have been done. Now it looks as if some type of compromise will have to be reached.

SINCERELY,

advisor