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'?

Asked almost 2 years ago - 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. Marcos P Martinez

    Contributor Level 13

    7

    Lawyers agree

    Answered . 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... more
  2. David Michael Goldman

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . 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... more
  3. Keith G Langer

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . 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.
  4. Steven J. Fromm

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more

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