Legal Question in Wills and Trusts in Ohio

Re: Trust and Will

The instructions in the trust only apply to property that actually belongs to the trust. If your father in law owned property that was not in the trust then the instructions in his will apply. The will could direct that his property is to go into the trust.

As previous responders have indicated, there are a lot of ifs here. Your best bet is to talk directly to a lawyer. If you or your spouse are beneficiaries of the trust or are named in the will, you should be able to get some information from the attorney handling the estate-but that attorney will not be representing you-

If you would like to discuss this in more detail, feel free to give me a call or email me more detailed information. I have been handling probate and trust matters for more than 30 years and will be happy to provide a no charge or obligation confidential telephone conference.

Good Luck!

DH Davies

Re: Trust and Will

The question of which document takes precedence depends on how the assets are owned.

Any assets that are held in the name of the trust would be governed by the provisions of the trust. The assets would have had to been registered in the name of the trustee as trustee of his trust.

If any assets are not in trust name and were held by your father-in-law in indvidual name then the will will govern.

A third possibilty is that if assets were designated as joint; payable on death; or trasnfer on death then they would pass to the surviving owner or owners.

You should consult with an Ohio attorney who can look at the asset documents and determine which document governs. It might be that both documents govern.

Re: Trust and Will

I agree with Ms. Schmitz's well written response.

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