Legal Question in Wills and Trusts in California
revocable trust
Does a revocable trust over-rule a previously written will?
2 Answers from Attorneys
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.
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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