Legal Question in Wills and Trusts in California

Re: A living trust

If I understand your question correctly, I would say that ordinarily once one of the people who created the trust dies, it's too late to fund the trust without using the "pourover" will and probating the property.

There are exceptions to this. In 1993 there was a case in San Mateo County called the "Estate of Heggstad" case (16 Cal. App. 4th 943, 1993). It said, in effect, that if all of the property was listed on "Schedule A" of the trust, then it would be treated as if the property listed on Schedule A had been funded into the trust.

This was not taken to the California Supreme Court, so all counties are not required to follow this rule. The courts in Southern California, in particular, don't like to follow this case.

I'd suggest you contact a knowledgeable estate planning lawyer and discuss your options.

This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.

Re: A living trust

depends on the type of trust and its terms. carefully read the trust.