Legal Question in Wills and Trusts in Illinois
if a property was in a trust before a will is it included in the will
Asked on 3/19/11, 8:48 pm
2 Answers from Attorneys
Sanford M. Martin
Sanford M. Martin, P.A.
A very general question, the answer must also be general. In most situations, a will is consistent with the related living or revocable trust, and will merely insure that all property which is not specifically distributed by the will or has been transferred to the trust will be distributed in accordance with the terms of the trust. It may be called a "pour over" will. So, a specific asset may be mentioned in both the trust and the will.
Answered on 3/20/11, 5:07 am
Steve Raminiak
Law Offices of Steve Raminiak, P.C.
In most circumstances, if a property is titled in the name of a Trust -- the Trust will direct who receives the property and on what terms.
Answered on 3/21/11, 9:19 am