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Which controls: will or trust beneficiaries? | NC

Pierce Law Group

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Q: What happens if a will and trust have different beneficiaries or distribution instructions? A: Usually, the answer depends on which document controls each asset. Under North Carolina law, a will controls property that is still in the probate estate at death. A trust controls property titled in the trust, or made payable to the trust. So if the will leaves everything to one person, but the…

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