Who’s Really in Charge of Your Inheritance — the Will or the Trust?

When a loved one passes away, families often discover two key documents: a will and a trust. But what if they don’t match? Which one actually controls your inheritance?

Trusts Usually Take Priority

In California, if an asset is properly placed into a living trust, the trust controls what happens to it.
That means the trust determines:

• Who inherits the asset
• When they receive it
• Any conditions or restrictions

Even if the will says something different, the trust generally wins because it legally owns the asset at the time of death.

When the Will Controls Instead

A will only applies to assets that were not transferred into the trust.
Common examples include:

• A home that was never retitled into the trust
• Bank accounts left outside the trust
• Personal items not listed in the trust

If the asset wasn’t funded into the trust, the will decides who receives it — usually through probate.

Where Conflicts Happen

Heirs often face confusion when:

• The will and trust name different beneficiaries
• A parent promised property in the will but placed it into the trust later
• A sibling is trustee and refuses to follow the trust instructions
• Assets were supposed to be moved into the trust but weren’t

In these situations, determining who is right requires examining the documents, the asset titles, and how the estate was managed.

You Don’t Have to Figure It Out Alone

Conflicting wills and trusts can delay inheritances and create major family disputes. At The Inheritance Recovery Attorneys LLP, we help beneficiaries:

• Understand which document legally controls
• Challenge a trustee who isn’t following the rules
• Claim assets wrongly excluded from a trust
• Protect their inheritance if someone is manipulating the documents

If you’re unsure whether the will or the trust determines your share, we can help you get clear answers — and take action if needed.