Legal Question in Wills and Trusts in California

Re: Trust vs. Will

If the man transferred the assets to the trust, the trust would hold title to the assets. You would then need to see the language of the trust document to determine if the trust was revocable or not. If the trust was revocable, and it was in fact revoked, then a new will written after that date could be valid (possible undue influence exercised by the caregiver could be a basis to attack the will).

You need to find that trust document. The lawyer who drafted it will have a copy.

Re: Trust vs. Will

The will leaving property to the caregiver will only be valid if an independent attorney meets with the 90 year old man and prepars what is called a Certificate of Independent Review.

Feel free to call my office if you would like to discuss this matter further.

Re: Trust vs. Will

The most recent will tends to be binding for property not already transferred to the trust.

Genreally, when a trust is made, there is also a will made (at the same time) that attaches all property to the trust, but there are still title transfers required to place the property into the trust.

It really depends on if property was transferred into the trust itself. You can check with the banks as well as the assessor to see if bank accounts and/or real property were tansferred into the name of the trust.

You should see if you can locate the attorney that drafted the trust because we usually retain an additional copy in case of the situation that you are now describing.

If the trust was revocable, then the person can revoke it at any time by destroying it and creating a new estate plan as well.

Unfortunately, there are many other questions that need to be answered before a decisive response can be provided. The best place to start is by tryng to locate the trust itself.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Re: Trust vs. Will

The Will giving assets to the caregiver can be deemed void, but you must contest the Will if it is probated. There is a presumption of undue influence when the caregiver is named as the beneficiary, which the caregiver would have to overcome to validate the Will. Likewise, gifts of value given to caregiver during the elderly person's lifetime can be voided.

The Will does not revoke the Trust. The Will only covers property not in the Trust.