Legal Question in Wills and Trusts in New York

rescinding wills

My parents executed living trusts. Subsequently they excecuted simple wills. Can the simple wills be rescinded, so the living trusts are still valid.


Asked on 7/03/09, 1:18 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: rescinding wills

The trusts and Wills are separate and distinct documents, although related. Doing subsequent Wills should not negate the prior trusts, but I have not seen any documents, so I do not know what they say. I usually have the subsequent Wills "pour over" to the prior trusts (name the trusts as the beneficiaries of the Wills), so the trusts become the overall disposition of assets agreements. If you could get me the documents, I can review them (no charge) and make recommendations. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 7/03/09, 2:53 pm


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