Can a Trust supersede a Will?

My stepmom was named the executor; the estate was to be passed to my sisters and I upon her death. I just found out that she has established a Trust in her name for the benefit of her son and her brother. Does her Trust (and all of the assets, which were my father’s) supersede my father’s Will?

Asked on October 30, 2014 under Estate Planning, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I urge you to take all of the documents to an attorney in your area as soon as you can.  Ownership of the property at the time of your Father's death will be what determines the outcome.  It may be that your Father should have placed the property in a Trust for your benefit upon her death as well.  Please seek help.  Good luck.


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