Legal Question in Wills and Trusts in California
A trust fails if it is not funded. When is the trust considered failed, when the settlor dies? When a trust fails, does that mean that it is void at that moment. Then the will is used?
1 Answer from Attorneys
The trust can only distribute assets that are placed in the Trust. Sometimes you can move assets into a trust through a post-mortem Petition where the assets are identified in the trust and were inadvertently omitted. Otherwise, you would look to the will and it will require going through Probate. If the will is somehow invalid, then assets will pass through intestate succession. Lastly, if assets are held in joint tenancy or bank accounts have beneficiary POD designations, then those assets pass to the named successor outside of the trust or Probate. You should contact an attorney to discuss the specifics in your case. If you contact my office I will be happy to offer a free consultation.