Legal Question in Wills and Trusts in California

Re: Living Trust

The typical will or trust cannot be changed after the maker's death. However, the will may give too much discretion to the executor, which could allow her to distribute things differently than you intended. Likewise with the trust. Also I have seen trusts which did not become irrevocable at the death of the trustmaker, so I would highly recommend you have your will or trust (or both, if applicable) reviewed by an estate planning attorney to ensure they accurately state your wishes.

Re: Living Trust

Provided it was properly drafted and funded, the administrator can only follow the directives of the trust.

Re: Living Trust

You must make sure that the will and the trust are worded in such a way so that the terms are definite and certain. In certain cases legal actions can be taken on wills and trust to determine intent, etc. This can be avoided by ensuring that both are precisly created according to statute. If you are not sure, I highly recommend that you consult with an attorney to ensure both devices have been properly created. Usually either a will or a trust is created, not both.

Re: Living Trust

Thanks for your posting. The terms of your will and your trust depend mainly upon what you state within those documents.

A will is for the most part not active until you die, and cannot be changed by anyone else either before or after you die.

A trust, if created by you, can only be changed by you or someone you allow to make changes in the future.

Thanks again, and I hope this helps. If you have other questions or need more information, please feel free to email me or call me at 1-877-568-2977 (toll free).