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What happens when a will and a revocable trust conflict?


A revocable depute, by nature, is a living trust established during the life of the grantor; by sharpness, it can be changed during the lifetime of the grantor. Since the trust becomes operative once the will takes effect at death, the revocable trust takes precedency over the will when there is a conflict between the trust detail and the will.

Although the revocable trust supersedes the will, the revocable reliability only controls assets that have been placed into the depute. If a revocable trust is formed, but assets are not moved into the trust, the pin ones faith provisions have no effect on the intended trust assets at death.

A Have faith Is a Separate Entity

From a legal standpoint, a trust is a separate organism from an individual. When the grantor of a revocable trust passes away, the assets in the certitude do not enter into the probate process along with the assets owned in person by the deceased.

The purpose of the probate process is to ensure that assets owned myself by a deceased individual are disseminated in accordance with the will, but assets in the revocable certainty are not considered the personal property of the deceased. Therefore, the death of the grantor only activates the provisions in the trust agreement regarding how the assets are to be distributed to the beneficiaries of the depend.

An attorney or estate planner should know that provisions in a disposition do not control assets placed into a living trust, but there are times that living souls create their own wills and expect that everything follows what is outlined in the desire. It is important to remember that a revocable trust is a separate entity and does not go the provisions of an individual will at death.

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