Parents had a trust made mother passed in 2008 in 2015 father makes a new will

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Parents had a trust made mother passed in 2008 in 2015 father makes a new will

The trust is a revocable trust and
father has made a newer will years later
and in the trust brother was supposable
giving the house but the newest will my
dad made leaves the home to me and
business to my brother what is going to
happen in probate Court

Asked on August 19, 2018 under Estate Planning, California

Answers:

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

Answered 3 years ago | Contributor

Generally speaking, a revocable trust overrides a Will for the property that is transferred in to the Trust.  You see if the property is properly transferred in to the trust it is not technically owned by the decedent (your Father) at the time of his death to transfer via the Will. The trust becomes irrevocable upon death.  He should seek legal help.  Good luck. 


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