Legal Question in Wills and Trusts in California

Mother passed away with things named under her testamentary trust. What form do I need for the surviving spouse that specifically says the spouse is the beneficiary of everything under that trust?


Asked on 3/18/11, 5:32 pm

4 Answers from Attorneys

The trust instrument needs to say it.

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Answered on 3/18/11, 5:36 pm
Eliz. C. A. Johnson Eliz. C. A. Johnson

The Trust will tell you what is needed. The question is vague as to what you are trying to transfer and your relation to the deceased and surviving spouse. Was it a Will then that set up a Trust [testamentary trust] or was it an A/B Trust in existence during her live. The value of the estate will also be an issue. There needs to be more information.

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Answered on 3/18/11, 5:52 pm
Kurt Seidler Law Offices of Kurt A. Seidler APC

If it is a testamentary trust you will need to file a petition to probate the will containing the trust, and then follow the plan of distribution set out in the trust part of the will.

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Answered on 3/18/11, 8:56 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Seidler. If it is a true testamentary trust, then that trust will be set up in probate.

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Answered on 3/21/11, 10:31 am


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