Legal Question in Wills and Trusts in California
living trust
what happens to a living trust when the trustee (a mother) and the trustee successor (a son)both die at the same time? There is 1 son left alive. Also, what happens to real estate when there is no will?
2 Answers from Attorneys
Re: living trust
Another trustee may be appointed, or it may have to go to probate. Is the son the beneficiary of the trust? Contact me directly.
Re: living trust
The trust document only governs assets held in the name of the trust. Real estate not in the trust name passes intestate (without a will) if there is no will and a probate is required. The successor trustee appointed next in line to the son is determined according to the terms of the trust, if there are terms in the trust document that apply. Otherwise, a successor must be appointed by petition to the probate court.
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