Legal Question in Wills and Trusts in California

Empty revokable living trust OK?

If the property held by a Calif revokable living trust, 2 real properties, is transferred out, does the trust survive, to await the day it may or may not be filled up with the pour-over from an existing pour-over will? Or does the trust fail at that point? If so, presumably it can be kept 'alive' by funding it with a small saving or brokerage account?

Thank you for your insights.


Asked on 10/23/05, 12:51 am

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Empty revokable living trust OK?

A trust is not "dead" until revoke by the settlor/grantor. Whether it becomes funded again, by transfer or by a pour-over will, is up to the settlor. A trust need not be funded to exist, but failed to fund the trust defeats the purposes of a trust (i.e. avoiding probate, estate tax avoidance, etc.)

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Answered on 10/23/05, 12:57 am


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