Legal Question in Wills and Trusts in California
Hi. My mother-in-law and her wife, who lived in California, created a revocable trust and each listed beneficiaries who would inherit their respective halves of their assets. However, my mother-in-law's wife passed away before any assets were added to the trust. Are my mother-in-law's wife's beneficiaries entitled to anything if the trust was empty at the time she died? Assets (such as their two houses) were transferred to the trust after her death - one about a month later, and one about a year later. Thank you!
1 Answer from Attorneys
It is possible, but no one can say for sure without looking at the documentation. A key question is what your mother-in-law's wife wrote in her will. Many times, the will is created at the same time as the trust, and says that any assets in the estate will be transferred to the trust. The other question is what the trust says about the timing of disposition of assets to the remaining beneficiaries.
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