Legal Question in Wills and Trusts in Florida
estate law
I have a living trust that my husband and I set up. He is now deceased. If I create a will that has a present date, does that negate the trust.
Asked on 10/02/08, 3:21 pm
1 Answer from Attorneys
Frank J. Pyle
Probate Attorney Throughout Florida
Re: estate law
No. The Trust is effective over all assets owned (titled in the Trust name) by the Trust. The Will is only effective over assets which are not in the Trust (and thus have to go through probate). Assets which have a designated beneficiary on the asset, or which pass automatically to a co-owner, also do not go through probate, and they are not affected by the Trust or the Will.
Answered on 10/03/08, 7:33 am
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
