Legal Question in Wills and Trusts in California
Does a living trust & will have to be filed with a court by an attorney, to make it legal, and if yes, what is the cost? Can will be part of living trust? When docs are finalized dies this establish a probate-avoidance device? Upon my death, does my executor have to file for a tax ID, or will my SSN suffice? State of CA law governs trusts, what does that mean? I know there is more than one question, however I am willing to pay for the answers.
1 Answer from Attorneys
Unless there is litigation pending regarding the will or trust, neither document is filed with a court in California.
A will is a stand alone document and works in conjunction with a trust.
It depends on what the trust says, but generally a trust, once properly signed and witnessed, is a probate avoidance device.
The Trustee of the trust will have to apply for a Tax EIN for the trust. Your SSN expires on your death.
The Trust will be interpreted pursuant to the California probate code.
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