Legal Question in Wills and Trusts in New York

Re: asset protection

Will and irrevocable trust are treated separately. To the extent the Will needs to be probated (it covers assets not jointly owned or having a designated beneficiary, such as a car, furniture, etc.) and an Executor appointed, it is probated and the Executor appointed, and assets not part of the trust are handled as the Will provides. The trust operates independently and assets are handled as the trust provides. In many cases the Will provides, or should provide unless there are reasons not to do so, that assets not in the trust are added to the trust after your death, so the trust becomes the definitive operating agreement. This is the simple response and there may be more involved, but your facts are limited to this question.