Legal Question in Wills and Trusts in Florida

trust vs will

a person has a trust and a will years later they change their will. would the new will void the trust? their homestead was in the trust (name, trustee).

thank you


Asked on 5/14/08, 7:05 pm

3 Answers from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: trust vs will

A will is not effective over any asset titled in the name of the Trust. The Trust was probably established to avoid probate, and a will is only effective if going through probate. The only way the will could change the Trust is if it specifically included language amending a provision in the Trust AND stated that it was amending the Trust - extremely rare for that to happen - I have never seen it in my over 25 years of practice.

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Answered on 5/20/08, 12:26 pm
David Slater David P. Slater, Esq.

Re: trust vs will

no

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Answered on 5/14/08, 8:27 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: trust vs will

No -- the new will would not void the trust.

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Answered on 5/14/08, 8:35 pm


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