Legal Question in Wills and Trusts in Texas
Will/Irrevocable Trust
What happens to the property in an Irrevocable Trust when a person dies and the deceased is the Trustee of their own Irrevocable Trust? Does the Will that was in place, 2005, when the Irrevocable Trust was created take effect? Or, the Will that was modified, 2007, after Irrevocable Trust was put in place?
2 Answers from Attorneys
Re: Will/Irrevocable Trust
If the trust does not name a successor trustee, or specify a mechanism for appointing a successor trustee, then a lawsuit will have to be filed in the district court to appoint a new trustee.
The latest will is the one that should be probated in the county/probate court, and this is a completely different matter from the trust. Both issues (the trust and the will) will need to be addressed. Legal help is needed.
Re: Will/Irrevocable Trust
Generally the last will is the one that is probated. what happens to the property depends on the terms of the will and the trust which hopefully have anticipated the loss of the trustee.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
