QUESTION
Can a will disinherit someone listed in a living trust?
Asked on Nov 26th, 2013 on Estate Litigation - New Jersey
More details to this question:
Mom passed away 8/13. She had a living trust made up in 1999 when she was married. Name her husband and daughter as trustees. Since then she divorced (2006) and wrote up a will that didn't include her ex husband and disinherted her daughter but kept the other 5 children. The will was written up in 2007. Now that she's passed and the living trust still exists, can the will disinheit the daughter or is the living trust the record of authority?
1 ANSWER
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The Living Trust controls any and all assets in the Trust. Any assets outside of Trust are controlled by the will. Contact me if I can help.
Bill
Answered on Dec 02nd, 2013 at 4:26 PM