Legal Question in Wills and Trusts in Illinois
my moms house is in trust. Does her trust supercede the will? Upon her passing do we go by the trust or the will?
Asked on 4/10/12, 3:10 pm
3 Answers from Attorneys
Henry Repay
Law Offices of Henry Repay
If the home is properly in trust, the terms of the trust should govern. An attorney, however, should consider the documents (Trust Agreement, Deed in Trust, Title Insurance Policy) and advise you based on a review of the details. If the provisions are not adequate to cover succession, then the interests may pass from the trust into your mother's estate and then be covered by the will. Updating the title insurance is recommended.
Answered on 4/10/12, 3:15 pm
Jeffrey R. Gottlieb
Law Offices of Jeffrey R. Gottlieb, LLC
If the house is titled in (owned by) the trust, then the terms of the trust control.
Answered on 4/10/12, 3:16 pm
Sue Roberts-Kurpis, Esq.
Law Office of Sue Roberts-Kurpis
The Will only covers those assets which do not pass under the terms of the Trust.
Answered on 4/10/12, 3:38 pm
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