Legal Question in Wills and Trusts in Massachusetts

Re: Trust vs will

As to the assets in the Trust, the Trust takes precedence. As to the Will, any assets not in the trust.

Absent a reason to believe the Will was intened to be revoked, the Will stands. It is not unheard of that one would place some assets into a trust and leave a Will in place that does not reflect the Trust. Think of it as a person writing a Will and then giving a substantial amount of assets away without changing the Will.

Re: Trust vs will

Assuming that both instruments are valid and enforceable, they should be read together.

It is possible that the will 'pours over' assets into the trust upon death. It is also possible that the deceased person funded the trust in their lifetime. Essentially, those assets which are properly held by the trust should be administered according to its terms, and any other assets should be distributed according to the will.

If you would like help in better understanding how these two instruments work together, or if you need representation as executor, administrator, or trustee, please do not hesitate to contact my firm.

Re: Trust vs will

The trust controls all assets that were placed in the trust; the will controls all assets that pass via probate.

Re: Trust vs will

The trust controls all assets that were placed in the trust; the will controls all assets that pass via probate.

Re: Trust vs will

The trust controls all assets that were placed in the trust; the will controls all assets that pass via probate.

Re: Trust vs will

As to any assets remaining in the decedent's sole name at the time of death, the will will control. However, assets already moved into the trust will be distributed according to the trust.

It is not unusual for some property to be "left over" and not conveyed to a trust, including e.g. income tax refunds, etcetera.

There are occasionally situations where the trust or the will are challenged, based upon the capacity of the person executing the trust or will at the time it was created.

I'm licensed in both NH and MA. Please feel free to contact me if you need to pursue this matter further.