Legal Question in Wills and Trusts in California

Hidden Asset

I would like to know if one spouse dies, is it legal for the surviving spouse & trustee to either sell any asset (real property) or transfer asset to a trust after one of the spouse dies and before filing for probate.

And what difference would it make if it was a community property verses separate property of the decease.


Asked on 10/28/05, 10:53 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Hidden Asset

It depends on what the trust instrument allows the trustee to do in the "Duties" section. As for probate, a large purpose of a trust is to avoid probate and not have to seek court approval of property transfer or sale.

Read more
Answered on 10/28/05, 11:07 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California