Does a Trust override a Will?

UPDATED: Dec 18, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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