Legal Question in Wills and Trusts in Massachusetts

A Will only deals with property not in a trust or which was not jointly owned or in the case of life insurance which has no beneficiary.

If an irrevocable or revocable trust was not funded, then the Will will dictate how assets are distributed. If the trusts were funded then those assets in the trust will be distributed in accordance with the terms of the trust.

Put more simply, the Will deals only with assets that are not put in the irrevocable trust.

Whatever assets are in the Trust will be governed by the terms of the Trust. Whatever assets are not in the Trust and are not otherwise accounted for (whether by joint ownership or by having named beneficiaries) are considered probate assets and will be addressed by the terms of the Will. The Will may provide that probate assets would go to the Trust.