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DIFFICULT question about irrevocable living trust?


An irrevocable living trust was made about 15 years ago. The descendant is close to the final hours. In her past 3 years of life she made a new will which states that everything she owns be given to her son who was only stated to receive a small portion in the trust (10%). The beneficiary (step-child) is not included in the new will. The sons name was put on all accounts as joint tenant as well as all of her property (houses, cars, etc.) However, the living trust still exists.

My question is what do you think the step children (who's father was the one who created the trust and has since passed) will be able to get? Their names are only in the living trust, no longer in the will and the will gives everything to the son who was slated only a small portion in the trust.

Does the trust override a will in this case when someone has joint tenancy on everything?

You really need to consult a estate lawyer. first of all under an irrevocable trust, a third party independent trustee should have been in control of the assets and its dispersion based upon the trust guidelines and may not take order from the person who set up the trust it self, IE the irrevocable part as to what to do with the assets like placing the sons name on joint title etc

so who then placed the son on the deeds that where under control of the trust? and under who's direction was this done?

but absent the issue of joint tenancy and who had the authority to issue them, once a irrevocable trust is set that's it, it can not be changed by will, IE once again the irrevocable part,

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