Legal Question in Wills and Trusts in California
Is probate involved in a trust administration?
What is your opinion on, why would a settler who had a living trust not have a pour over will? What if this same person had a last will and testament and a living trust? After the settler dies which instrument would you use? Thank you
1 Answer from Attorneys
Ideally, there is no probate involved in a trust administration. But there may have to be. The most common reason in my practice is when real property is acquired by the client after the trust is established, and title is not taken in the name of the trustee.
If there is a will and a trust, assets which are not titled in the name of the Trustee may be subject to the will. But possibly not if the trust includes a good "assignment of assets" section. You should have all the relevant documents reviewed by an estate planning attorney.
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