[WSBAPT] Does a will trump a living trust?

[Mike Winslow]

Agree, but the very first step is to determine if the property in Montana was actually transferred by deed to the RLT. If it was, then all well and good. If not, then it would be subject to ancillary probate in Montana of the later will.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.
 
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Andrew Phillips
Sent: Tuesday, June 21, 2016 1:13 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Does a will trump a living trust?
 
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 <tel:%28509%29338-0908>  / (509) 338-3527 <tel:%28509%29%20338-3527>  (fax)
jennaprinzlaw at gmail.com
 

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