[WSBAPT] Does a will trump a living trust?

[Jim Doran]

The determining factor is whether or not the title to the real property was
actually put into the name of the Trust.  People often forget to do that
very important step.  If it is in the name of the Trust, then it is Trust
property.  If it is not in the Trust, then it is Estate property.


James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com

On Tue, Jun 21, 2016 at 1:12 PM, Andrew Phillips <
andrewjlphillips20 at gmail.com> wrote:

> 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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