Legal Question in Wills and Trusts in California
My father died leaving a Living Will with me named in it. He also had a Will with me in it. Before he died, he filed a Codicil removing me from all tangible personal property; however, I am still in the Living Trust. His house was not put into the Living Trust. I have been told that upon sale of the house, it will then go into the Living Trust, where I am named. This is very confusing for me. Can you help?
2 Answers from Attorneys
Typically, a person will create a pour-over will if they have a trust. This means that any property (money, personal, or real) gets "poured over" into the trust after the person has died. Sometimes, a dead person might still inherit from another person who has died, or receives a belated tax refund, so that gets poured over into the trust.
That could be the reason he didn't name any beneficiaries in the will, other than the trustee of the trust. So, the trust should govern the distribution of all of his property. If the house is sold, the money goes into the trust, and will be distributed according to the trust. Feel free to e-mail me if you should have any questions.
The "living will" is an advance health care directive, so that no longer is a concern.
I agree with Mr. Cohen. It would appear that the will was a pour over will, directing the real property into the trust. An attorney would have to review all of the relevant documents to be certain.
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