Irrevocable Trust with a conflicting WILL

[Raygun99]

North Dakota: Family of 5 siblings. Mother was a recipient of a TRUST set up by her mother. One sibling had passed away before the irrevocable trust was formed and trust showed 4 siblings. Recently mother passed away and the family discovered a Will was created after the trust was formed indicating desire to split all assets among the 4 living siblings and 2 children of the deceased sibling. How is this handled?

 

[Just Blue]

North Dakota: Family of 5 siblings. Mother was a recipient of a TRUST set up by her mother. One sibling had passed away before the irrevocable trust was formed and trust showed 4 siblings. Recently mother passed away and the family discovered a Will was created after the trust was formed indicating desire to split all assets among the 4 living siblings and 2 children of the deceased sibling. How is this handled?

How is this handled? With am attorney.

 

[Zigner]

North Dakota: Family of 5 siblings. Mother was a recipient of a TRUST set up by her mother. One sibling had passed away before the irrevocable trust was formed and trust showed 4 siblings. Recently mother passed away and the family discovered a Will was created after the trust was formed indicating desire to split all assets among the 4 living siblings and 2 children of the deceased sibling. How is this handled?

Very generally, the trust controls anything that is within the trust. The will controls everything else.

 

[FlyingRon]

The trust is handled by whoever is designated as the trustee. It is UNAFFECTED by the will and only controls what is titled to the trust.
The estate that is not in the trust (or otherwise transferring outside of probate), is handled in accordance with the will in a way agreed to by the probate court.

As Blue says, you likely are going to need an attorney involved.

 

[LdiJ]

The trust is handled by whoever is designated as the trustee. It is UNAFFECTED by the will and only controls what is titled to the trust.
The estate that is not in the trust (or otherwise transferring outside of probate), is handled in accordance with the will in a way agreed to by the probate court.

As Blue says, you likely are going to need an attorney involved.

And if everything did get into the trust, then the 2 children of the deceased sibling will not get anything. Their aunts/uncles of course would be free to gift them something out of their shares.

 

[Zigner]

North Dakota: Family of 5 siblings. Mother was a recipient of a TRUST set up by her mother. One sibling had passed away before the irrevocable trust was formed and trust showed 4 siblings. Recently mother passed away and the family discovered a Will was created after the trust was formed indicating desire to split all assets among the 4 living siblings and 2 children of the deceased sibling. How is this handled?

Wait. You state that "mother" passed away, but your post includes reference to two different mothers. Try it this way: The "mother" who created the trust is to be called "Grandma" and the "mother" who was the beneficiary ("recipient") of the trust is to be called "Mom".

Now, who wrote the will that was recently discovered?

 

[FlyingRon]

Further, without reading the trust document, we don't know how the deceased beneficiaries are handled. Unless the trust specifically says otherwise, the assets that should be distributed from the trust go to the ESTATE of the deceased beneficiaries to be distributed by probate there to the heirs (based on the beneficiary's will or the laws of intestate succession).

Again, a lawyer can give a read over just what should happen. We can't tell at a distance.

 

[LdiJ]

Further, without reading the trust document, we don't know how the deceased beneficiaries are handled. Unless the trust specifically says otherwise, the assets that should be distributed from the trust go to the ESTATE of the deceased beneficiaries to be distributed by probate there to the heirs (based on the beneficiary's will or the laws of intestate succession).

Again, a lawyer can give a read over just what should happen. We can't tell at a distance.

Except that the one child who died predeceased the parent who granted the trust and was not mentioned in the trust. The trust only mentioned 4 of 5 siblings.

 

[Raygun99]

Thank to all for the replies. To recap a few ideas.

1. Yes the lawyer that helped create the will for the now deceased Mother will be involved.
2. The Trustee (A Bank Representative) for the Original irrevocable Trust created from Grandmother's estate is indicating it was set up to distribute to the 4 of 5 siblings.
3. I suspect they will be gifting a portion to the surviving niece and nephew of the 5th deceased sibling. after resolution.

 

[adjusterjack]

Another possible issue is if the will was a pour over will indicating that anything left out of the trust flowed into the trust at time of death.

the lawyer that helped create the will for the now deceased Mother will be involved.

Good. It's to that lawyer you should be addressing all your questions.

 

[Richard Marvel]

If I understand the facts correctly, the Trust owns the real estate. At the time your grandmothers creation of the will she had already created, and funded, the Trust. She no longer controlled the asset. You need the advice of a competent attorney. Good luck

 

[Zigner]

If I understand the facts correctly, the Trust owns the real estate. At the time your grandmothers creation of the will she had already created, and funded, the Trust. She no longer controlled the asset. You need the advice of a competent attorney. Good luck

Just stop already.