Legal Question in Wills and Trusts in Texas

Will/Irrevocable Trust

What happens to the property in an Irrevocable Trust when a person dies and the deceased is the Trustee of their own Irrevocable Trust? Does the Will that was in place, 2005, when the Irrevocable Trust was created take effect? Or, the Will that was modified, 2007, after Irrevocable Trust was put in place?


Asked on 3/19/08, 6:11 pm

2 Answers from Attorneys
Kathryn Perales PMI Oil Tools

Re: Will/Irrevocable Trust

If the trust does not name a successor trustee, or specify a mechanism for appointing a successor trustee, then a lawsuit will have to be filed in the district court to appoint a new trustee.

The latest will is the one that should be probated in the county/probate court, and this is a completely different matter from the trust. Both issues (the trust and the will) will need to be addressed. Legal help is needed.

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Answered on 3/20/08, 10:43 am
Keith Engelke Law Office of S. Keith Engelke

Re: Will/Irrevocable Trust

Generally the last will is the one that is probated. what happens to the property depends on the terms of the will and the trust which hopefully have anticipated the loss of the trustee.

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Answered on 3/20/08, 12:58 am


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