[WSBAPT] Does a will trump a living trust?

[Andrew Phillips]

Jenna,
A living trust takes effect during the father's lifetime, whereas the will
does not come into effect until his death. The trust owns the property, not
the deceased; therefore, it is not subject to the will. I would agree with
the Texas attorney that the trust property in Montana is not subject to the
probate in Texas--of course depending on any unknown facts.



V/r,

Andrew J. Phillips, Esq.

19465 NE Norrland LN | Poulsbo, WA 98370

WA Bar # 50848 | ID Bar # 9542







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On Tue, Jun 21, 2016 at 12:41 PM, Jenna Brozik <jennaprinzlaw at gmail.com>
wrote:

> 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
>
>
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