A living trust and a will both exist

[michigan11465]

What is the name of your state (only U.S. law)? Michigan

My mom passed away a couple of months ago and before she did, she created a trust so that her estate would pass directly to her children. However, I believe there was also a will drawn up about 10-12 years ago which she had forgotten about. Does the trust now supercede the previously written will?

 

[curb1]

Did she place the assets within the trust? Are titles represented by the trust?

 

[michigan11465]

Did she place the assets within the trust? Are titles represented by the trust?

When you say "titles", are you referring to titles to houses, bank accounts, etc? If that's what you meant, then yes, titles and most all other assets such money, articles within her home were represented by the trust. Where does this put her estate, legally speaking, within the trust or does the will still apply at this time?

 

[anteater]

The trust document would control the administration and disposition of assets that were placed into the trust.

Any assets not placed into the trust would be subject to probate and the will's provisions, assuming the will was validly executed and never revoked.