Legal Question in Wills and Trusts in California

Re: Trust vs Will

They are two totally different documents. A Trust establishes an entity into which you can put various assets so they are not counted as being part of your estate when you die so as to reduce the amount of your estate tax. It also serves other functions. But if title to the asset is not placed into the trust, then that asset is not pat of the trust. A Will is a document stating what is to be done with the assets in your estate the moment you die. Id the asset is not in the Trust, it will be in your estate [or if real property, it could pass upon your death to the other owner if held as joint tenants as opposed to tenants in common. An asset can only be in one or the other. There probably would be no reason to have the Trust dissolve upon your death and the property go via probate. There are several Nolo Press books and other publications in any library that you can use to read up about the subject; also, reading the questions and answers on lawguru.com on the topic can be very informative.

Re: Trust vs Will

They are two different documents. A will distributes property not in trust. A trust establishes a separate entity to distribute property within the trust. Depending on the size of an estate, a proper estate plan should include a will and a living trust.

If would like a free initial consulation, please call me. I have over 25 years experience.

Good luck and thank you for your inquiry.