Does a will trump a trust?
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Last updated: Apr 27, 2010
Q
An anonymous caregiver asked...
When my father passed away I was 16, and my sister was 13, he had both a will and irrevocable trust, which stated two opposite things. According to the lawyer we were to go by what the trust stated not the will. But according to the trust we were to keep everything my father owned and divide it equally between my sister and I, the will states to sell everything and divide the money equally. So my Uncle (the trustee) sold it all without asking us first and tied up the money into the trust (which is what the will states to do, not the trust). But according to the trust we cannot get the money until the youngest child turns 25. My sister is just now turning 18, I will be 29 before I can touch this money at all, is there anything I can do to get my money early...or at least move it to a CD?? I have tried talking to this lawyer and he wants nothing to do with me...He said it's too late and there is nothing he can do for my sister and I.
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