Legal Question in Wills and Trusts in California

Re: Real property and a trust

The answer depends on the nature of the asset. A watch adequately identified in the trust document as being held in trust will go by the trust document since the document itself is adequate to evidence the transfer of ownership at the time it is listed. A bank account, though, must me listed with the bank to be an asset of the trust. A stock certificate, likewise must be listed as an asset of the trust on the certificate, unless it is issued to "bearer."

Most trust documents will be accompanied by a pour over will which will transfer any assets not in the trust to the trustee of the trust for distribution as specified in the trust document. But, those asset must first go through probate and be distributed to the Trustee before they can be distributed as part of the trust estate.

Re: Real property and a trust

Make sure the house was not transferred by deed. It's a little unusual not to transfer the house. If you find any documents that may be used as declaration you might be able to file a Heggstad Petition to transfer the house to the trust.

Re: Real property and a trust

Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.

The answer to your question is that the home must go through probate if it was never transferred to the trust.

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