Legal Question in Wills and Trusts in California

Re: Unsigned will and living trust

The documents are mutually exclusive and are not dependent upon each other for validity. If the living will has been properly executed (signed) and the trust funded (assets registered in the name of the trust), it is a viable document and can itself act as a will when the creator dies. In my practice, the will usually acts as a catchall document covering only assets that for a variety of reasons may not want to be put into the trust (like a car, insurance policies or retirement accounts that have a designated benefidciary, etc.). If all assets are in the trust, having a will is good, but not necessary.

Re: Unsigned will and living trust

If the will was not signed and witnessed by two attesting witnesses. The will is not valid.

Daniel Clement

Re: Unsigned will and living trust

If the trust is properly drafted and executed, the will may not be important. However, if ownership of property was not put into the trust, the trust may be a meaningless, empty shell.

To give a definitive answer, I would need to see all of the documents involved.

Re: Unsigned will and living trust

The trust must be notarized, and the property must be transferred to the trust to be effective. The will must be signed and witnessed--the will transfers property into the trust that wasn't transferred during your aunt's lifetime, so it is important. If the will and trust turn out not to be effective, her estate will be probated and go to her nearest living heirs (parents first, then children of her parents).