Legal Question in Wills and Trusts in California

Re: living trust

Your question reveals the fact that you have no idea what a living trust or a will are. However, I must tell you that most people don't. Unfortunately they don't teach this stuff in high school or college, and really should.

If property is in the name of a trust, the successor trustee will have to distribute that property according to the terms of the trust. If property is in your dad's name, the trust will have no effect, since it must be distributed through probate. If there is a will, the will can be probated. If not, it will be distributed through the law of intestacy in your father's State. The exception to these rules are property that have beneficiaries assigned like life insurance or certain accounts at banks, or IRA's or 401k's.

Consult a lawyer and get busy.