Legal Question in Wills and Trusts in California

To be in the Trust title to the property should have been transferred so the person setting up the Trust would no longer be the owner of that property. The trust would state what happens to the property once the trust maker has died [it might still remain in trust until another event occurs].

Mr. Shers didn't fully answer your question, but that is because your question is confusingly worded.

When a person creates a trust, property must be transferred to the trustee, who holds legal title to the trust property. Most trusts created this way usually use the settlor/ trustor as the initial trustee. At that point, the trustor/settlor has equitable title to the property and the trustee (who is most usually the same person at that point) has legal title. A trust without any property in it is a legal nullity.

When the settlor/ trustor dies, the trust becomes irrevocable. Usually the declaration of trust provides a name of a person or persons to become a successor trustee. In some situations the court can appoint a successor trustee. Legal title is in the name of the trustee, and the beneficiaries of the trust have equitable title.

Formation of a trust does not avoid an estate claim by MediCal.