Legal Question in Wills and Trusts in Florida
Is a testament,or will over a trust? Specifically if the person which liberates a trust upon a family member, once the testament gives instructions on liberating a trust even if the trust has a clause which states "upon the decease of the owner" of the trust the terms of the trust becomes "irrevocable" upon the decease of such. Therefore IAW the terms of the trust become binding even if the will or testament "orders" the liberation of such funds to the trust beneficiary.
1 Answer from Attorneys
The last will and trust must be considered together to understand their relationship and application to specific assets and beneficiaries. Generally, a will does not control distribution of estate property, but often merely places estate property in the trust. A living or revocable trust can be modified or revoked by the trustor during the lifetime of the trustors/grantors creating the trust but generally becomes irrevocable at the death of the trustor(s) or surviving trustor. This reply is intended to address your general inquiry but could significantly change with different or more specific information.
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.
