Legal Question in Wills and Trusts in Arizona

does will override trust

My grandmother had will. 9 mos. after her death my aunt put assets and property into trust and changed beneficiary age from 25 yrs. to 35 yrs. does the trust age overide grandmothers will age of beneficiary?

Asked on 12/16/06, 4:57 pm

2 Answers from Attorneys

Gerd Zimmermann zimmermann nielsen & colleagues

Re: does will override trust

That depends on the will, if the will gives the aunt this kind of power she may can do it. An the other hand the question remains why the aunt outs the asset in an trust. The will neeeds to be reviewed.

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Answered on 12/16/06, 7:47 pm

Donald Scher Donald T. Scher & Associates, P.C.

Re: does will override trust

The answer to your question depends upon the terms of grandmother's Will. If the Will provided that the assets were to be held in trust for the beneficiaries, until they reached a certain age, the Will controls the age for distribution. It is possible that discretion may have been given to the Trustee to determine what age must be achieved for distribution, however, I have never seen anyone do that.

If you think that the aunt is abusing her discretion as trustee, then you should bring an action in probate court so a judge can review the documents and determine if the beneficiaries are being treated fairly.

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Answered on 12/17/06, 3:21 pm

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