Legal Question in Wills and Trusts in Michigan

can a new will over ride a revocable trust agreement?

Asked on 7/01/12, 12:33 pm

2 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

No. An amendment to the trust agreement will override the trust. Unless, of course, the trust is fully revoked and a will is done to replace it. That would work. Tim Klisz.

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Answered on 7/01/12, 12:53 pm

Glenn Matecun Matecun, Thomas & Olson, PLC

How about a good "lawyer answer"? It depends. If the trust is "funded" (that is, assets are titled in the name of the trust), then the Will won't have an affect on that property. Most trusts come with what is called a "Pourover Will", which will funnel assets into the trust after death, assuming the assets were not in the trust to start. However, if the new Will overrides the old Will, and assets are outside of the trust, those assets outside the trust will pass as the Will directs. If you truly want to override the trust, it should be revoked. However, this area can get complicated, and you could end up with a result you don't want. I suggest taking the time to have an attorney review your entire estate plan, let you know how your plan would work if you died today, and then you can make changes if you don't like the result. Good luck.

Glenn R. Matecun

Estate Planning, Elder Law and Veterans' Benefits Attorney

Toll Free: (888) 487-6150

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Answered on 7/01/12, 12:59 pm

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