Legal Question in Wills and Trusts in California

Trusts are not always filed somewhere. If a trust has been properly funded and assets are held in the name of a trust, then a will ordinarily would not control the distribution of assets that are in the trust. It is possible that a later will was intended to revoke the trust and there might be a legal dispute over whether it was effective in accomplishing that purpose. An attorney would need to look at all of the relevant documents and obtain a more complete understanding of the facts in order to give a real answer to your questions.

I agree with Mr. Feldman. Trust instruments are not filed with the court unless there is litigation involving the trust. Although the administration of trusts are governed by statutes set forth in California's Probate Code (among others), a trust is not actually probated.

A trust can start during the life of the trustor, or be created by a person's will. (Which is known as a testamentary trust.) If a trustor puts property into a trust, and later dies, his will does not control the distribution of that particular property, because it is in the control of the trustee.