Legal Question in Wills and Trusts in Florida

depends. They they null and void the Trust. Was the property, the house, put in the trust or is it an outside entity. Were they able to void the Trust . In other word, if the trust had a husband and wife named as the grantors and trustors, and one of them died, then the Trust would become irrevocable - meaning they could not change the trust and therefore the trust rules.

A revocable trust needs to be funded (i.e. assets need to be transferred to it) in order for the trust to have control over those assets. In most cases where there is a trust the will is drafted only as what is called a "pourover will" and will say that all assets are to be given to the trust so that the trustee can deal with them according to the terms of the trust. If a particular asset were not transferred to the trust during the grantor's lifetime and then the will had direction on the distribution of that asset, the will would control. However, if an asset had been transferred to the trust and the will said something about its disposition, then the trust would control because the asset was no longer in the individual's name and thus not an asset of the probate estate. In this case the documents would need to be reviewed and the titling of the assets at the time of the owner's death examined to determine what the distributions would be.