Q: Does a trust override a will?Thank you
Mom had Will specifying to be split 4 equal ways. Eldest daughter created a trust and made herself trustee with her sister as co trustee, also, both convinced Mom to have there names on Moms checking account as a matter of "convenience" because 90+ Mom has been in and out of hospital, care facilities and does not drive herself. The 2 sisters sold Moms house and personal property 3weeks prior to Moms passing and proceeds where put in Moms checking account. They have forwarded an amount to youngest brother but nothing to the "favorite" son. Question being, why has the intentions of the Will been denied and the 2 sisters collect all assets? Do the trustees not have to carry out Moms wishes in the will?
Clear case of jealousy, do I have any standing or do I move on with my life and ignore my sisters?
To answer your question, yes, a trust can "override" a will if the property that would've been transferred by the will has been conveyed into the trust before mom died. You should talk to an attorney, since the situation you are describing sounds like a trust/will contest to challenge the actions taken before mom died. Ownership of bank accounts is also a grey area, since if the other people were merely added for "convenience", then they may not have been intended as owners of the funds with right of survivorship. Again, talk to an attorney.
As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on any information you get from internet discussion boards such as this one.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.