Legal Question in Wills and Trusts in California

Will vs. Trust

I was named the sole heir in my relative's will, but the Trust states that several relatives are to divide the estate into equal shares. Which take presidence?


Asked on 5/17/08, 12:08 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Will vs. Trust

There's no way of knowing without reading the documents. Looks like this train wreck of an estate plan is headed for court, get a lawyer!

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Answered on 5/17/08, 3:25 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Will vs. Trust

The trust terms control distribution of the trust assets. The will controls distribution of those assets not in the trust name.

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Answered on 5/18/08, 10:04 am


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