Legal Question in Wills and Trusts in California

revocable trust

Does a revocable trust over-rule a previously written will?


Asked on 6/22/09, 1:24 pm

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: revocable trust

Only to the extent that the trust has been funded with the property (real estate, bank accounts, etc.). The trust should also have been accompanied by a "pour-over will" that does overrule any previous wills. If not, an attorney can review the trust and titling of assets to see whether the trust or the old will controls.

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Answered on 6/22/09, 1:40 pm
Scott Linden Scott H. Linden, Esq.

Re: revocable trust

Genreally, a will pours over into a trust, so they tend to be complimentary. If there is disagreement between the two, then you look to where they are complimentary and inconsistencies tend to follow the last in time.

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Answered on 6/23/09, 5:38 pm


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