Friday, January 23, 2015

if a property was in a trust before a will is it included in the will

Question

if a property was in a trust before a will is it included in the will



Answer

A very general question, the answer must also be general. In most situations, a will is consistent with the related living or revocable trust, and will merely insure that all property which is not specifically distributed by the will or has been transferred to the trust will be distributed in accordance with the terms of the trust. It may be called a "pour over" will. So, a specific asset may be mentioned in both the trust and the will.



Answer

In most circumstances, if a property is titled in the name of a Trust -- the Trust will direct who receives the property and on what terms.



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