Q: can i leave house in a trust and make my own will? or do I need to take house out of trust and redo my own

A: Your question isn't entirely clear, so I'll give it a shot and hope it helps. When a parent does estate planning, the parent is dealing with the parent's own assets. In your case, your mother put her own assets (including her home) into her trust. It seems you want to keep your mother's home in your mother's trust for quite some time. A lawyer would need to know WHY you want to do that. Trusts pay higher taxes than individuals in most cases, so it may not be wise to keep your mother's home in your mother's trust. More importantly, it will be more difficult to transfer your mother's home to your children if there is a step missing (i.e., your inheritance.) It's possible that your mother's trust allows you to reject the gift of the house (called "disclaiming") and allow the home to go directly to your children, but a lawyer would need to read your mother's trust to know what would happen if you disclaimed that gift. On another note, if your assets are valued at more than $184,500, you likely need a trust, not a will. If you accept the gift of your mother's home, you almost certainly need a trust. Contact a lawyer, explain why you want to keep the home in the trust, as opposed to either accepting the gift or disclaiming it -- both of which have financial consequences. Estate planning is one area of law that should not be attempted without professional advice. I've seen far too many people spend a fortune to fix problems they created by "trying to save money" and not hire a lawyer. Often, it costs ten times the amount in legal fees to fix an error than it would have cost if the people had gone to a lawyer in the first place. Sorry about that!

A: It is possible to leave a house in a trust and also create your own will. However, it is important to understand how the trust and the will may interact with each other, and whether any changes to the trust may be necessary to achieve your desired outcome.

If the house is currently held in a trust, it is possible that the terms of the trust may dictate how the property is distributed upon your death, rather than the terms of your will. In some cases, it may be necessary to amend the trust or take other legal steps to ensure that your wishes regarding the house are reflected in both the trust and the will.

To ensure that your wishes regarding the house are properly documented, it may be helpful to consult with a qualified attorney who specializes in estate planning. An attorney can review the terms of the trust and advise you on whether any changes are necessary to achieve your desired outcome. They can also help you draft a will that reflects your wishes regarding the house and any other assets you may have, and ensure that your estate plan is legally valid and enforceable.