Does a Trust override a Will?
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Does a Trust override a Will?
My parents made a trust naming my brother as executor to handle everything. Now we find out that after my dad passed my mother made a Will naming my sister executor of the Will. So which one is in charge?
Asked on December 18, 2011 under Estate Planning, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A trust and a Will are two separate documents. Unless one document specifically eliminates the other, both need to be read and implemented separately. Meaning, if both documents stand independently of the other as to what gifts are given, then each document is to be followed.
However, if there are conflicts between the two documents, the second document created would normally overide the first. I suggest that you consult with a Wills and trust attorney to review both the trust and Will that you have written about.
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