Legal Question in Wills and Trusts in California
# 1 At what point does the living trust end and the will take control ? # 2 Does being removed as trustee of the trust also remove you from being executor of the estate ?
1 Answer from Attorneys
Trust becomes irrevocable on death and will becomes viable on death; will needs to be filed with the court, and trust administration needs to commence; probate of the will in addition to trust administration would occur if trust and will provisions conflict, or property was left out of the trust intnetionally or otherwise. As to removal as trustee affecting removal as executor of the will, that may depend on the provisions of the trust and will as to how they are worded, or upon petition to the probate court for removal of executor or trustee.