Legal Question in Wills and Trusts in California
Person A has a revocable trust in place while living in California. The general trust has an irrevocable trust element related to the death of spouse. Person A moves to another state and passes away outside of California. Person originated a new will in the second state but a new trust was not developed. What portion(s) of the trust originated in California will preside upon he death of person A.
2 Answers from Attorneys
The trust remains intact in its entirety. All property held in the trust will need to be administered by the Successor Trustee. If the new will disposes of property held by the trust, the will is defective as to the trust property.
Based on what you are asking, you should seek out an Estate Planning attorney in your area to review and advise on the terms and conditions of the trust.
It is impossible to say what should happen, absent a review of the documentation and the funding of the trusts involved.
However, the new will would have no impact on the management and distribution of whatever assets were in the irrevocable trust.
You really need to met with an attorney who understands -- and litigates -- wills and trusts here.
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