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  1. #1
    Join Date
    Jul 2010

    Default Does a Trust Supersede a Joint-Will After Spouse Passes Away

    My question involves estate proceedings in the state of: TN

    Hi, Yesterday I was a witness in the notarization for a Trust of an acquaintance.

    He had a joint-will made with his deceased wife, whom he was together with for over 40 years. When one of them passed away, the assets were to go to the surviving spouse- when they died, their three daughters were to get their assets split evenly between them, and they could distribute the inheritance to their children as well if they wished.

    Recently, his health has deteriorated and he decided to put together a very lengthy Trust- an extremely large percentage of the inheritance will go to his favorite daughter and her son (even though she has three other children as well), whom have taken advantage of him for years. He is in denial of their substance abuse and his grandson has lied about jobs and now convinced him he is joining the Navy - of course he keeps postponing when exactly that will be. Clearly this is a conflict of the first Will and the Wishes of his deceased wife.

    Is this trust legal to supersede the original Will?

    Please tell me if you have worked in this field and your education on the subject as well, thank you very much.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Does a Trust Supersede a Joint-Will After Spouse Passes Away

    You're going to have to take the relevant documents to a probate lawyer for review. There's no way we can answer that without reviewing the documents.

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