Legal Question in Wills and Trusts in California

The will has two parts! LAST WILL AND TESTAMENT and FIRST AMENDMENT TO THE REVOCABLE LIVING TRUST.
LWAT: says: I nominate Person A as the Executor of this Will.
FATTRLT: says following:
3.4 Successor Trustee. The successor Trustee of this Trust whether on the death, resignation or incapacity of the current Trustee shall be the following.
FIRST SUCCESSOR TRUSTEE: Person A
SECOND SUCCESSOR TRUSTEE: Person B
Point 3.G says My entire estate shall go to my wife Person C. If Person C does not survive me by sixty days, then her share shall be distributed as follows:
1. Person A shall receive ��.
What does it mean? Is upon the death of truster responsible person Person A or Person C (wife). Is it necessary to have Person A as executer or it could also be Person C (wife) in first place?

Asked on 3/03/11, 5:33 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

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You are mixing apples and oranges. The Trust controls those assets transferred into the Trust. If the initial trustee can not or will not handle the Trust, then person A can. For the Will, only those properties that are not in the Trust remains as assets of the Will, are part of the estate, and the court, if the matter goes to probate, appoints an administrator to handle the Will assets.

Answered on 3/03/11, 10:45 am

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