Legal Question in Wills and Trusts in California

Does a will supercede a trust or visa versa?

My grandmother passed away leaving a will & a trust. They are different in listing which of her children will receive what. Could you tell me which of these two documents will supercede the other?

Asked on 4/14/06, 7:09 pm

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.
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Re: Does a will supercede a trust or visa versa?

They may both apply. It depends on which assets are considered in the Trust vs. the Will. This is, of course, assuming that both the will and the trust are valid. We've had several clients who have faced similar situations.

Please feel free to contact our office directly so we can review both documents and provide you a better answer.

The number provided by LawGuru is correct, but also feel free to discuss this with Anthony Grossman, Esq. at extension 3, he handled the prior clients that had this same problem.

As always, feel free to learn more about Trust and Estates law and how to avoid probate at www.No-Probate.com.

Scott

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Answered on 4/14/06, 7:30 pm
J. Caleb Donner Donner & Donner
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Re: Does a will supercede a trust or visa versa?

It depends on whether assets have been transferred to the trust or whether they have not been transferred.

You need to get a bunch of information about the nature and extent of the assets belonging to her and how they were held.

Depending on the amount of money involved you should probably at least consult with an attorney.

Caleb

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Answered on 4/14/06, 7:49 pm

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