Rhodes, MI asked in Family Law, Arbitration / Mediation Law and Probate for Michigan

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?

Thank you

1 Lawyer Answer
Trent Harris
Trent Harris
  • Estate Planning Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: 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.

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