Legal Question in Wills and Trusts in California

Can a Trust be listed as the beneficiary on a Small Estate Affidavit in California? I am a co-trustee to my stepmother's estate. She had put down her personal trust as the beneficiary on one of her accounts prior to marrying my father. Once married she listed this account as an asset in their new trust, but never went back and changed the account. when she passed away the account holder asked for the information on her old trust, which of course had been disposed of. The company that put their new trust together prepared the Small Estate Affidavit such that myself and the other co-trustee were the beneficiaries. When I enquired I was told that the Small Estate Affidavit was prepared correctly and that they could not change it to reflect the new trust as the beneficiary. Is this correct??

Thank You


Asked on 6/11/15, 8:35 am

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

The answer is yes. If the decedent's will is a pour-over will leaving the estate to a trust, then the successor trustee of the trust is acting on behalf of the trust beneficiaries, who are the successors in interest.

So, either the trustee, acting on behalf of the beneficiaries can collect assets using a declaration under Probate Code section 13101, or the beneficiaries can do so directly.

Read more
Answered on 6/11/15, 9:04 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California