Does a Will Override a Trust?


Yes and no. In community property states like California, a spouse is only entitled to dispose of their 50% share of the community property in their will. If they dispose of more than that, their marriage could override their will, so to speak. In other words, community property laws may allow the surviving spouse to claim their rightful share of the community property from the estate. 

That said, if a spouse signed a prenuptial or postnuptial agreement waiving their community property rights, a will could, in a sense, override marriage.





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