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by Anonymous on November 30th, 2009
Your question is a bit vague, but the answer is no. A trust is a separate entity, and a will is meaningless until death. For example, if I put my house in a trust for the benefit of person A, and then I bequeath my house to person B in my will, then when I die my house will go to benefit person A based on the terms of the trust. This is because when I die, I no longer have a house to bequest because the house was transferred to the trust.
Notice that the same is true if I create the will first and then create the trust. Just because you write something in your will does not mean you will actually have the property when you die.
I am in spouse's will to inherit property. Property owner is 103 and outlived spouse. Nephew said he is POA and has new will What are right
by Anonymous on March 23rd, 2011
| 1 person likes this
My late wife and I had a trust for our kids. I removed all the monies and paid for my kid's college. Can my kid's come after me?
by sunmariner07 on March 22nd, 2011
| 1 person likes this
I am confused as to how a trust works compared to a will. Once I draw up the papers on line, it has to be signed and notorized, correct?
by Anonymous on March 2nd, 2011
| 1 person likes this
How Italian inheritance law works? My father is Italian and dnt want to leave me 1euro after his death because he divorced from my mother
by Italian_Sailor on June 1st, 2011
| 1 person likes this
My Dads wife of 16 months made him change titles AFTER he made his will(she WASN'T named)Is she entitled to the jointly owned property?
by pammylynn2 on April 10th, 2011
| 1 person likes this
You're reading Do you combine a trust and a will if a trust was written first and a will was second
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Comments
Absolutely right. Assuming the trust is valid, the property placed into the trust is NOT part of the decedent's estate at the time of his or her death, and as such cannot be distributed by the terms of a will. The trust instrument alone will determine how the trust property will be distributed.
by Agrippina on November 30th, 2009