Legal Question in Wills and Trusts in Florida

Does a living trust supercede a will?

My mom lives in Florida where she had a will prepared by an attorney who would be the executor of the will. I am her sole heir and beneficiary. Her will is very simple as she only has her condo(owned outright) and some cash in the bank. There are no other assets, life insurance, etc. I now want my mom to get a living trust so that I can avoid probate at the time of her passing, as well as a court conservatorship. If the attorney who created the will IS NOT involved in the preparation of the living trust, and I am the trustee of the the living trust, would there be a conflict with the will and the attorney who prepared it?

Asked on 7/25/05, 4:10 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Does a living trust supercede a will?

Your question should be directed to a Florida estate planning attorney because Florida law will control on this issue. Laws on estate planing vary by state.

In general, the trust will control to the extent that property is transfered to the trust during the life of the person who set up the trust (usually called the settlor). In most cases, a person setting up a living trust will usually execute a NEW will to supplement the terms of the trust called a "pour over" will. To the extent that assets are not transfered to the trust during your mom's lifetime, they are transfered (or "pour over") to the trust upon her death.

For more detailed advice, please consult a qualified attorney in Florida.

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Answered on 7/25/05, 4:26 pm

David Slater David P. Slater, Esq.

Re: Does a living trust supercede a will?

If the house is properly placed into a trust, there will be no assets to probate. The will is meaningless.

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Answered on 7/25/05, 5:10 pm

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