Legal Question in Wills and Trusts in California

Re: living trust not funded

Yes, there are some things that can be done. The pour over will is one, but there may e some other ways to show that the trust was funded (other writings).

You will need professional help to fix this.

Re: living trust not funded

A your question leaves more questions than answers. First of all I taking your mother passed away but did sign it a pour over well as well as a living trust. You possibly can fund the trust while to matters. You probate the assets if the pour over will is correct and incorporates the living trust's clauses. Otherwise, there is a petition you can use that would show that I had advert or other matter the trust was not funded with one or numbers of assets and you petition the court to allow the funding into the trust. Some courts though such as in Alameda County are reluctant to grant these petitions were as numbers of other courts do so almost automatically. My immediate suggestion is that you get your self out of your chair and into it chair in front of an attorney who is expert in probate/estate planning. He/she can give you numerous observations and different tactics which you can possibly use given the fact situation presented to them. Bring all of the documentation side by your mother to the attorney as soon as possible.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

Re: living trust not funded

The pour-over will should apply, if the unfunded assets were in your mother's name, and the probate process can put them in the trust. Still, there may be less expensive ways, through the probate court, to move the assets into the trust--see a trusts/wills/probate attorney to see what can be done.