Legal Question in Wills and Trusts in California
Will and Trust
My grandfather just dies and left
everything to my father an aunt. He
had a trust and will. Does my father,
the executor of the will and trust need
to file the will with the state or probate
court? Everything he has is owned free
and clear.
2 Answers from Attorneys
Re: Will and Trust
Yes. The will must be probated but only if some assets were in your grandfather's name. Any assets that were held in the name of the trust can be distributed by the Successor Trustee without a probate.
Your father can hire a lawyer to assist, who will be paid from the estate.
Re: Will and Trust
this depends upon the language of the trust and will and whether or not all assets subject to probate were held by the trustee of the trust (and not by your grandfather directly).
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