Legal Question in Wills and Trusts in California

I am sorry for your loss.

A trust document does not have to be recorded. A deed transferring the title of your real property to the trust does have to be recorded. Whether your husband's will or prior trust controls the distribution of his assets depends on how he held title to his assets. The assets titled in the name of a trust must be distributed according to the terms of that trust. Assets held in your husband's name alone are distributed according to his will. Any assets with a designated beneficiary go to that beneficiary. If there is no valid beneficiary named, then that asset is distributed according to his will. Any asset held in joint tenancy or community property go to the coowner.

All the above is generally speaking and I suggest you meet with an attorney to review all the documents and assets.

If the latest trust says that a piece of property was to be included in it but the property was not deeded into the trust you can file a petition to have it transferred into the trust anyway.