Legal Question in Wills and Trusts in Florida
revocable trust v. last will
If rather than making an amendment to the revocable trust the Settlor makes a last will(several years after the trust was prepared) does this will takes precedence over the trust, since it was more recent,
or the trust,. even though prepared earlier, takes precedence over the will?
Asked on 9/18/08, 9:50 pm
1 Answer from Attorneys
Frank J. Pyle
Probate Attorney Throughout Florida
Re: revocable trust v. last will
Neither one overrides the other. The Trust governs assets titled in the Trust (or payable to the Trust at death). The Will governs assets in the decedent's name alone with no beneficiary named on the specific asset - no co-owner, no beneficiary, not titled in the Trust.
Answered on 9/19/08, 12:55 pm
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