Mckinney, TX asked in Estate Planning and Probate for Texas

Q: Mother passed away with a will. She also created a living trust making her caregiver trustee to 50% of the house.

I get 50% of the house but I don't know what else is listed in the trust. Does the will take precedence over the trust or do we go by whatever is in the trust?

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1 Lawyer Answer
Isaac Shutt
Isaac Shutt
  • Estate Planning Lawyer
  • Richardson, TX
  • Licensed in Texas

A: You'll definitely want to consult a probate attorney for help with this, particularly one with experience with will contests and estate disputes.

The short answer to your question is that it depends on whether the house was deeded into the trust prior to death. If yes, then the trust document controls. If no, then the house goes through the Will.

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