[WSBAPT] Does a will trump a living trust?

[Jenna Brozik]

The Montana property was transferred to the Living Trust so the deed lists
the trustees of the Living Trust as the owners which means that the Living
Trust controls the distribution of that asset according to all your
comments.

Thanks so much for your feed back!

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


On Tue, Jun 21, 2016 at 1:47 PM, Doug Schafer <schafer at pobox.com> wrote:

> If title to the Montana property (check the county records) is in the name
> of the trust (or trustee(s) of the trust), then the successor trustee
> should administer it as directed in the governing trust document.  In that
> case, the Montana property should not be affected by the father's last
> will.  However, if title to the Montana property is not in the name of the
> trust or trustee(s), then the father's last will should also be probated in
> Montana (an ancillary probate) and that last will would determine who
> acquires title to the Montana property.
>
> Doug Schafer
>
>
> On 6/21/2016 1:12 PM, Andrew Phillips 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
>
>
>
>
>
>
>
> ~~~~~
>
> Confidentiality Notice: This electronic message transmission contains
> information which may be privileged or confidential. The information is
> intended to be for the use of the individual or entity named above. If you
> are not the intended recipient, please be aware that any disclosure,
> copying, distributing or use of the contents of this information contained
> in this email, including all attachments, is not authorized. If you have
> received this electronic transmission in error, please delete this email
> from your computer system and notify the sender.
>
> ~~~~~
>
> Tax Advice Notice: IRS Circular 230 requires us to advise you that if this
> communication or any attachment contains any tax advice, the advice is not
> intended to be used, and cannot be used, for the purpose of avoiding
> federal tax penalties. A taxpayer may rely on professional advice to avoid
> federal tax penalties only if the advice is reflected in a comprehensive
> tax opinion that conforms to stringent requirements. Please contact me if
> you have any questions about Circular 230 or would like to discuss the
> preparation of an opinion that conforms to these IRS rules.
>
>
>
>
> 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
>>
>>
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>
>
>
>
> _______________________________________________
> WSBAPT mailing listWSBAPT at lists.wsbarppt.comhttp://mailman.fsr.com/mailman/listinfo/wsbapt
>
>
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160621/6fa5a104/attachment.html>