What happens if their is a conflict between a Will and a pre-existing Trust?

UPDATED: Jan 23, 2014

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What happens if their is a conflict between a Will and a pre-existing Trust?

My father always told my sister and I that we would inherit his home. A number of years ago, he had a living Trust done which stated my sister and I were to get the house. Several years ago, he remarried and just before he died he executed a new Will leaving the house to his new wife. So the Trust says one thing and the Will says something different. Who gets the house?

Asked on January 23, 2014 under Estate Planning, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You better figure out if you father was of sound mind when that will was signed or if he was a victim of undue influence.  Further, you need to find out if the trust was revocable or if there were provisions in either document regarding superceding documents.  Was the home transferred into the trust (i.e deed transfer) prior to his death?  If so, he would have needed to amend the trust to make the transfer to his wife effective.

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