Legal Question in Wills and Trusts in California

Estate Trust/bank account

Uncles bank account was not put into trust. Trust has pour over clause. I am a trustee of the estate. What do I need to give the bank to release funds since account wasn't specifically named in trust? Bank said something about obtaining a court order.


Asked on 9/26/07, 10:17 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Estate Trust/bank account

Your uncle fell prey to the most common mistake people make when setting up trusts. Specifically, not holding all assets in the name of the trust.

You will have to get a court order through a probate proceeding. Depending on the amount involved you may be able to do this in a simplified proceeding. Call a lawyer. It will be worth your sanity.

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Answered on 9/26/07, 10:51 pm


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