Which Wins, Trust Or Will (ok)

[OKIEDOKEY]

My grandparents had 4 children; 80 acres. Grandpa asked each child get 20 acres. Because my aunt married young, she was "given" her 20 acres. My mom and dad bought 20 acres from my uncle who never planned to return to Oklahoma. My family moved to Oklahoma in 1987. My grandma and dad made an irrevocable trust in 1991. In 1997, my grandma made a will which put the same land that is in the trust (which is the 40 acres) to a different person in the will. My dad died in 1998. My grandma died in 1999. My mom still lives on the land (we have a house built next to grandma's). Before grandma was even buried, her daughter put the will/trust in probate saying that the property is hers since she is named in the will. This has been in the court system since 1999. Thought an irrevocable trust is just that, irrevocable. We still have the receipt from my uncle showing mom and dad bough the 20 from him, and the other 20 is "rightfully" ours. Which one will stand?

 

[ALawyer]

The one the court rules is valid.

Look, this is a very complex matter currently in litigation. The factual pattern you outlined is not easy to follow, but what would seems to be critical is the EXACT languange used and the exact types of transfer involved and the nature of the documentation / deeds and possibly the exact time of filing with the county recorder. None of that is available to us. And for an outside lawyer to try to outguess the court in these circumstances would be a waste of time.

 

[advisor10]

2-21-2002

DEAR OKIEDOKEY:

Undoubtedly, the trust will override the will, since it was drawn up first. The requirements of the trust should have been considered when the will was drawn up, but that is oftentimes forgotten.

Your message is somewhat confusing when you say that her daughter put the will/trust in probate "before the grandmother even died". Do you mean the daughter had the will filed at probate court before the person died? That might be somewhat improper and doesn't really make sense.

SINCERELY,

advisor

 

[OKIEDOKEY]

Oklahoma law shows trusts do not need to be recorded (even though we did record it end of 1997 -- will was filed mid 1997). The trust shows the land goes to dad/mom as trustees and then to my brother and I when they pass away. Because grandma was the trustor, she passed away, dad passed away, now mom is next in line. Thought the whole reason for a trust is to omit the whole probate process -- let a lone an irrevocable trust ??? My dad's sister made grandma draw up the will which is questionable to the courts on how/who/validity of the will up. And yes, the day before grandma passed away, my dad's sister filed to probate to get my mom off the land. Before I invest in a trust, I want to see if a trust does stand and overrides a will. Have you heard of an irrevocable trust be broken? Is it normal for a probate process to take 4 years like this? Next court date is in April. The judge already told my dad's sister's lawyer that hsi client is "peeing in the wind." My mom is elderly and this ordeal has put a lot of stress on her. When the judge rules for my mom, is it possible for my dad's sister to appeal or is it finally over?