Legal Question in Wills and Trusts in Massachusetts

Re: estate disbursement

Subject to seeing the type of Trust and its language, unless the Trust was revoked separately and the assets removed from the Trust, the Trust still is valid and should take precedence over the Will.

However, if the assets are not formerly in the trust, the Will would take precedence.

I suggest you take a copy of the trust to an attorney to review together with a copy of the Will in question.

Good Luck

Re: estate disbursement

Any assets which were titled in the trust's name at the time of its creator's death will pass according to the terms of the trust, UNLESS the trust states that the creator may, under his will, appoint the assets to specific persons AND the will includes that power of appointment.

Since you state that the will does not mention the trust, the assets which are not owned by the trust pass according to the terms of the will to the named parties, and the trust assets pass according to that document's terms.

Please feel free to contact my office if I can be of assistance.

Re: estate disbursement

Echoing the previous comments, assets titled in the name of a trust (or, for that matter, assets which are controlled by contract (e.g., IRA, life insurance) or by nature of title (real estate - tenants by the entirety, joint tenants with right of survivorship, or bank accounts (joint bank accounts)) are governed by the written terms of the trust. If the trust does not refer to the will (and the exact language may vary - see an attorney to properly interpret the provisions) with regard to disposition of trust assets, a later will will have no effect on those assets.

However, there are factors which may affect the outcome. It makes sense to contact an estates & trusts attorney for advice and counsel. Please feel free to contact my office.