Does a Will supercede a family trust?

My sister was taken out of the family trust then later my mom made a new Will and added her back in. Which stands?

Asked on March 15, 2012 under Estate Planning, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The last document signed by your mother, be it the Will or the trust you have written about will typically control how a person's estate is to be distributed upon death. Under the law, a Will speaks at the time of the person's passing who signed it.

From what you have written, if the Will was the last document to be signed by your mother, then it seemingly would be the operative document as to her estate at this point in time.

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