Legal Question in Wills and Trusts in California
is a non funded irrecovable trust valid after death of first trustor?
My parents had an AB revoccable trusts that listed in the notorized papers all major assest held in the martial community. My Dad died and I have found that no assets were ever transferred into trust's name prior to death. My mother thinks all the assest are hers and she is putting everything in her personal name for her personal use. SHouldn't all the assests be put into the trust before my Dad died to avoid taxes and to control the assests? My mother is trustorbut is not informed and my brother is controlling her financial decisions. If I question them about doing the trust correctly am I ''contesting'' the trust? Thank you
1 Answer from Attorneys
Re: is a non funded irrecovable trust valid after death of first trustor?
The problem of "unfunded" trusts is a common one. There are two ways to correct this: (1) the list you mention may qualify as a trust schedule of assets, which under California law may be enough to transfer the assets into the trust (this would still need a court order confirming it, though), or (2) a pour-over will signed by your father giving his assets to the trust at his death (again, this needs court confirmation now to fund the trust).
Your questioning the funding shouldn't be a trust contest, but check the trust to be sure. You're entitled to notice and a copy of the trust under California law.
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