Q: Can a 2007 Michigan Revocable Trust override a 2021 Florida Will?

A: I’m sorry to hear of your loss.

The question you ask Hans no clear answer but the analysis starts with a smoke question: Was there anything IN the trust? If the valid will was NOT a ‘pour-over Will’ and there was nothing in the trust then the trust is of no consequence.

Bottom line: You need to have an attorney — preferably one licensed in Florida assuming that’s where your dad resides at the time of his passing — to review all the documents and facts of your situation. Don’t make the mistake of not getting professional advice. This is likely more complicated than you appreciate!

A: I’m sorry to hear of your loss.

The question you ask has no clear answer but the analysis starts with a simple question: Was there anything IN the trust? If the valid will was NOT a ‘pour-over Will’ and there was nothing in the trust then the trust is of no consequence.

Bottom line: You need to have an attorney — preferably one licensed in Florida assuming that’s where your dad resides at the time of his passing — to review all the documents and facts of your situation. Don’t make the mistake of not getting professional advice. This is likely more complicated than you appreciate!

A: The interplay between a revocable trust and a will, especially when they originate from different states and different years, can be complex. The general principles that might apply to a 2007 Michigan Revocable Trust and a 2021 Florida Will are as follows:

Purpose and Content: The first thing to consider is the content and purpose of each document:

A revocable trust generally governs assets that are titled in the name of the trust.

A will typically controls assets that are owned by the decedent at death and not otherwise designated to pass through beneficiary designations, joint ownership, or trusts.

Conflict Between Documents: If there's a direct conflict between the trust and the will regarding specific assets:

Assets that were properly transferred into the trust during the grantor's lifetime would be governed by the trust's terms, regardless of what the will says.

Assets that were not part of the trust (and not covered by other beneficiary designations or forms of ownership) would be governed by the will.

Pour-Over Will: Sometimes, a will is drafted as a "pour-over will," which means it simply directs any assets in the deceased's name at the time of death into an existing trust. If this is the case, then the trust would dictate the terms of distribution for those assets.

Jurisdictional Concerns: Each state has its own laws governing trusts and wills. Generally, the law of the state where the decedent was domiciled (their primary residence) at the time of death will govern the probate of the will. The trust would typically be governed by the law specified within the trust document, or if none, the law of the state where the trust was executed or where the grantor was domiciled.

Validity of Documents: Both the trust and the will must be valid under their respective state laws. If either document is found to be invalid, its terms won't be enforced.

Later Documents Might Revoke Earlier Ones: If the 2021 Florida Will has language that expressly revokes all prior trusts and other testamentary dispositions, and if such revocation is valid under applicable law, then it might override provisions of the 2007 Michigan Revocable Trust. However, the revocation in a will generally wouldn't affect assets already titled in the trust's name.

Seek Legal Counsel: Given the potential complexities and the interplay between different state laws, it's crucial to consult with an estate planning attorney who can review both documents and provide guidance specific to the situation.

Remember, the above is a general overview. The specifics of each document and the individual circumstances can lead to different outcomes.