Legal Question in Wills and Trusts in Florida

Yes, a trustee can make certain decisions that conflict with a will. A review of the will and trust is needed to fully answer your question because the language in the trust instrument will be key, but I may be able to help some with some general legal principals. A will designates persons that will receive property titled in your name individually upon your death. A trust holds and manages property separate from your individually titled assets. The trustee will manage and distribute the trust's property according to the terms of the trust, including distribution of the trust's assets when the trust expires. So, property held in a trust should be considered separate from the property that you hold individually, titled in your own name. Due to the nature of asset ownership through a trust, conflicts can arise between a trust and will.

Call me if you would like to talk about specific trustee decisions that worry you.

Yes, technically, but the trust property should not be the same as the property noted in the will. I would recommend that you contact an attorney for help with this and a review of your documents. Please do not hesitate to contact me if I can be of additional assistance. www.floridawillmaker.com

Regards,

Sure. They are two seperate entities.