Legal Question in Wills and Trusts in Alabama

Re: Wills & Trusts

I hate to say this, but it depends. Is the trust a revocable living trust or some other form of trust? Did her will distribute property that was held in the trust? Was the trust ever funded? In Alabama, a will distributes assets held by the testator at death. If the trust held assets, then they would not bave been affected. If you could obtain copies of both the trust and the will, a hour with an attorney would be very beneficial and worth every penny.

Good luck,

Bill Nolan

www.NolanElderLaw.com

Re: Wills & Trusts

It depends on who owned the property at the time of her death and second what the will said about the disposition of her property. If she established a trust and placed property in the trust, the terms of the trust would probably govern the distribution at death. However, her subsequent will would cover any property that she owned in her sole name.

Often, when one has a will and a trust, the will directs that all property "pour over" to the trust to be distributed according to its terms.

Hope this helps.