[WSBAPT] Does a will trump a living trust?

[Dalynne Singleton]

The testator did not own the property to transfer under the Will, the property was owned by the Trust.
Unless he was the trustee of the trust and deeded the transferred the property from the trust back to himself to then be the owner to provide distribution to his new wife, the trust appears to be controlling.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jenna Brozik
Sent: Tuesday, June 21, 2016 12:41 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Does a will trump a living trust?

Hello listmates:

Here is the scenario:

My client comes in and has a living trust that her parents had drafted in California. My client lives in Washington state.  The father was the last to pass away and when this happened, his daughter, my client, became the trustee of the living trust.  According to the living trust, the daughter gets a property her parents own in Montana. My client doesn't know if there was a will with the living trust and she does not know what attorney drafted the living trust and there is no indication on the living trust who drafted it.

After the living trust was drafted, my client's mother died and her father remarried to a woman in Texas.  Her father drafted a new will before he died which stated everything goes to his new wife, including all property. Now the father's estate is going through probate in Texas.

The attorney in Texas doing the probate insists that since the Living Trust owns the Montana property, then the probate in Texas does not control the disposition of the property in Montana but the living trust does.

Please give me your take on this if anyone has time.

Thanks,


Jenna Brozik
Attorney at Law
Prinz & Brozik PLLC
445 S Grand Ave
Pullman, WA 99163
(509)338-0908 / (509) 338-3527 (fax)
jennaprinzlaw at gmail.com<mailto:jennaprinzlaw at gmail.com>

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