Legal Question in Wills and Trusts in California

Re: Living trust revocation

An unfunded trust is a legal nullity. It may be that that you signed a will or a pour over will however. That you will want to destroy or explicitly revoke in new estate planning docs.

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Re: Living trust revocation

The benefit of the living trust is that it is a private document. You don't need to file the trust document anywhere.

However, if you had retitled some property in the name of trust, you have to be very careful how you revoke your trust.

Re: Living trust revocation

No government bureau. If you truly never funded it, I would destroy the original and all copies. Then if you create a new trust, make sure to specifically revoke any previously drafted trust documents and call the new trust by a different name.

Trusts only have power over those assets you place in it, if you have no assets in the trust... then it really is ineffectual.

But for the sake of limiting confusion if nothing else, I would destroy the documents.