Skip to main content

Does a "Trust Deed" override a will or does a will override a "Trust Deed?" Trust Deed done in 99' and will done in 2012'?

Ocala, FL |

Father and mother did Trust Deed when father found out he had dementia and trusted it to one child (there are 3). Father died and mother recently updated will to include all 3 children to share equally on real property, now mother has passed, which one governs the property? We live in Florida!

Attorney Answers 4


  1. The answer is going to depend entirely on the language of the Trust Deed. If the transfer was irrevocable or if it named a beneficiary on death, then the Will would have no authority over the property.

    There are many facts here that could change the answer, however, and i would advise that you seek a probate attorney in your area that could review each of the relevant documents. It is the only way to be relatively certain of the answer.

    marcos@martinezanda.com Office tel: (561)245-4723 Website: www.martinezanda.com. The answer provided does not create an attorney-client relationship, nor is the answer provided intended to be relied upon as legal advice. The information provided by the questioner is insufficient to serve as the basis for meaningful legal analysis. It is the questioner's responsibility to seek legal advice from an attorney who has had the opportunity to familiarize herself with the full details of the questioner's case. By providing these answers, I am not obligated to respond to any subsequent communication from the questioner. If the questioner would like me to serve as their legal counsel and render legal advice, they will have to sign a retainer agreement. The questioner is free to contact my office for a complimentary 30 minute consultation.


  2. First, is the property itself in Florida also?

    Second, the answer to this question requires an examination of the two documents by an attorney in the state in which the property is located (presumably, Florida).

    Contact the state and county bar associations for the location of the property to get referrals to qualified counsel.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.


  3. Both attorneys offer sound advice. I would also add if the trust has been funded then it would control those assets and the will is irrelevant.

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.


  4. A "Trust Deed" is not something that is typically used in Florida. There is a Trustee's Deed and a Deed of Trust. While the documents in total should be reviewed, generally a Deed would control, then a Trust would be next in line, then a will would control if neither the Deed or Trust controlled the disposition of the property. The problem is that the Deed could direct the asset to a trust and the trust could have provisions which say to look to the will to make dispositions under the trust.

    Then there are issues like the will, trust, or deed being invalid. It can be a complicated issue to determine which document if any will control.

    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics