Legal Question in Wills and Trusts in California

Re: probate a will?

you may be able to attack the trust and assert that the will should be followed. this will depend upon numerous factors, including the language of the trust, the circumstances of its preparation and execution, and whether or not you have already received a notice regarding the trust from the trustee.

you should retain an attorney immediately to review all documents, obtain additional details provide specific advise, and take any needed actions.

Re: probate a will?

If the original will was not revoked, it can still be probated. But, any assets that were transferred into the name of the trust would not go through probate or be affected by the will unless you attacked the validity of the trust based upon undue influence, fraud, and/or lack of capacity of the Trustor.

You question shows a common lack of understanding of what a trust is and how it works, what a will is and how that works, etc. You may want to get my a free download of my Special Report, The 7 Most Common Mistakes Made by the Middle Class in Planning For the Inevitability of Death and the Likelihood of Disability, and How to Avoid Them." You can get it at my site, www.IWant2CreateMyLegacy.com. You should probably also get my book, Create Your Legacy & Save the American Middle Class. It contains the information that I developed for lay audiences in hundreds of seminars to thousands of people. It will answer nearly all of your questions about how to protect a family from the financial catastrophe that can often accompany the inevitabilty of death and the likelihood of disability. Both are terribly important. A lot of people don't realize that conservatorship is the fastest growing lawsuit in America and the average conservatorship lasts 3 years today. That is because medicine has gotten better and better at keeping us "alive" ofen under the worst circumstances.

All of the materials are written in "people ease" rather than legalese.

The book contains a copy of the "LEGACY LIVING TRUST PACKAGE". It is, as far as I know, the only complete living trust planning package written in what I call "people ease" rather than legalese. Anyone reading at a 10th grade level should be able complete the package themselves with the information in the book. It is designed to be valid in all 50 states and even contains forms for making amendments when the desire to do so appears.

The book is $29.95. About the cost of a six minute consultation with me personally. One can download the trust package for $79.95. For more info or to buy the book, go to www.IWant2CreateMyLegacy.com.

Re: probate a will?

Yes, but if the assets were transferred to the trust, then you may need to challege the trust.