[WSBAPT] Does a will trump a living trust?

[Bryce Dille]

Can you apply super will provisions to RLT‎ where grantor changed provisions in trust to have all bank accounts go to charity but didn't change bene on POD accounts?
Had pour over will into trust.
Sent from my BlackBerry 10 smartphone on the Verizon Wireless 4G LTE network.
From: Doug Schafer
Sent: Tuesday, June 21, 2016 6:29 PM
To: WSBA Probate & Trust Listserv
Reply To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Does a will trump a living trust?


Interesting point. But likely only if (1) the trust was revocable by the father and (2) Montana law has superwill statutory provisions like Washington, and (3) the Texas Will has language that satisfies the Montana superwill statute.

If the father were a WA domicilary and died with a WA will containing superwill provisions leaving all to his widow, would a Montana court in an ancillary probate for the Montana real property treat that WA will as trumping the provisions of a revocable trust that held title to the property?

Doug Schafer

On 6/21/2016 4:56 PM, Brink, Kerry wrote:
So – if there was a “superwill” provision in the Texas Will, would that change distribution of the assets in the RLT to the beneficiaries of the Texas Will even if transfers had been made into the RLT?

RCW 11.11.020<http://app.leg.wa.gov/rcw/default.aspx?cite=11.11.020>
RCW 11.11.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.11.010>(7)
RCW 11.02.005<http://app.leg.wa.gov/RCW/default.aspx?cite=11.02.005>

Best regards,

Kerry E. Brink
Kerry E. Brink • Attorney

Estate Planning, Probate, Elder Law
____________________________________
Vandeberg Johnson & Gandara, LLP
PO Box 1315
1201 Pacific Ave Suite 1900
Tacoma, WA   98401-1315
<http://www.vjglaw.com/>www.vjglaw.com<http://www.vjglaw.com>
kbrink at vjglaw.com<mailto:kbrink at vjglaw.com>
•Phone: 253.383.3791
7Fax:        253.383.6377



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