Legal Question in Wills and Trusts in New York

Not if the trust was actually funded with the decedent's assets.

If trust is properly drawn, it should supercede the Will. Usually a revocable trust is created to avoid the Will probate. As stated on the NY Bar web site "The distinguishing characteristic of a living trust is that you create it, and it becomes effective during your lifetime and is often set up to benefit you during your life and to make disposition of property easier after you die�that is, to avoid probate -

the court process during which the estate (assets, property and possessions) of a person who has died with a will is settled and distributed to heirs and other people.

It is suggested that if this is your major purpose, the document be prepared by an attorney familiar with estates and probate.

Also, keep in mind that a revocable trust may not accomplish much more than avoiding probate, such as death tax avoidance.

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