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Can we access a deceased person's trust and will documents?

Can we access a deceased person's trust and will documents?

Q: Which takes precedence, trust or will?

In most cases, a trust takes precedence over a will. If both documents address the same asset, the terms of the trust will govern how that asset is distributed. However, the specific provisions in each document should be reviewed to determine their interactions.

Q: Does a trust agreement supersede a will?

Yes, a trust agreement generally supersedes a will regarding the distribution of assets placed in the trust. If an asset is included in the trust, it will be distributed according to the trust's terms, regardless of what the will states.

Q: What takes precedence over a will?

A trust typically takes precedence over a will when it comes to the distribution of assets that are part of the trust. Additionally, certain legal documents, like beneficiary designations on accounts, can also override a will's provisions.

Q: Is a trust more powerful than a will?

A trust is often considered more powerful than a will because it allows for the direct transfer of assets without going through probate, providing privacy and potentially faster distribution. Trusts can also manage assets during the grantor's lifetime and after death, while wills only take effect after death.

Full question:

We have a Revocable Living Trust Agreement and a Will that we states the Trustee is to distribute property as stated on a seperate, dated writing, in existence at the time of death. We believe wishes are not being carried out according to this writing but we have not seen a copy of said writing. Don't these records become public after death? There is also a clause in the will that states if anyone contest the will they will receive the sum of one dollar, and only one dollar. If we challenge the fact that things are not being followed correctly, this is not actually contesting, it is making sure that they are being followed exactly, correct? Is there usually a formal reading of Living Trusts and Wills? How would we make one happen if not? Would we have to employ our attorney to make sure the will is being followed correctly? We just want to make sure that the deceased wishes are being followed, the way she wanted them followed.

Category: Wills and Estates
Subcategory: Will Contests
Date: 04/07/2025
State: National

Answer:

Formal readings of wills or trusts are generally not required. A will typically becomes public when it is filed with the probate court in the county where the deceased lived at the time of death. However, a trust document is usually private. In some states, you can file a notice of trust at the courthouse, so you might want to contact the Probate Division of your local courthouse to see if the trust was filed there.

If you wish to ensure that the deceased's wishes are being followed, you may need to consult an attorney. The clause in the will stating that anyone who contests it will receive only one dollar means that if you challenge the execution of the will, it could be seen as a contest. However, seeking to ensure compliance with the wishes expressed in the will is not necessarily contesting it.

For further assistance, consider reaching out to a local attorney who offers a free initial consultation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens when trustee dies on a revocable trust?

When a trustee of a revocable trust dies, the successor trustee named in the trust document typically takes over management of the trust. If no successor is named, or if the named successor is unable or unwilling to serve, the trust may require court intervention to appoint a new trustee. It's important to review the trust document for specific instructions regarding succession.

How does a will work with a revocable trust?

A will and a revocable trust can work together to ensure that a person's wishes are fulfilled after death. Generally, assets placed in a revocable trust avoid probate, while assets not included in the trust are distributed according to the will. If there are conflicting provisions, the trust usually takes precedence over the will.