Legal Question in Wills and Trusts in Florida

trust over wills

I'm ttee of a 3mil+ estate. My attorney tells me the poor over will overrides the wishes stated in the trust document.

ie: The will dtd July 1995,Artical 1, states In the event no separate writing is found then no writing exists.Article 2, states ''All the rest, residue and remainder of my tangible personal peoperty I give devise and bequeath to my beneficiaries to wit: B.C. and J.C, or the survivor of them''. The trust (same date) states in par 3 to make the following distro. a. Settlor's home and furnishings at 444 A Dr.,A town, except those items named in any seperate weiting to settlor's Last Will and Testament that may be in existence to Settlo's brother--name--or survivors of.

The trust was amended on April 11, 2003. Par 3 was changed to read: a. The following assets shall be distributed to the settlor's friend, B.N. and his wife, M.B. or the survivor of them. (1) Settlor's home and furnishing at 444 A.Dr., A town, except aitem named in any seperate writing to Settlor's Last Will and testamen that may exist. None exists. My attorney says the old will overrides the amended trust paragraph. I say the trust overrides the will for 2 reason. 1. the trust is a stronger document and 2. the amended trust is more recent document. ?


Asked on 3/22/06, 8:00 pm

1 Answer from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: trust over wills

The bottom line is whether a particular asset was titled in the trust before his death. For example, was the home deeded (signed and recorded deed) into the trust, or not. If so, it is governed by the trust. If not, it goes through probate under the will and is controlled by the provisions of the will. Simple as that.

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Answered on 3/23/06, 6:43 am


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