Legal Question in Wills and Trusts in California
will and trusts
Can a trust over ride a will?
Asked on 10/16/03, 8:05 pm
2 Answers from Attorneys
Chris Johnson
Christopher B. Johnson, Attorney at Law
Re: will and trusts
The answer depends....property in the trust is controlled by the trust. Other property is likely covered by the will, but it really depends on the type and registration of the property.
Answered on 10/16/03, 8:14 pm
Scott Schomer
Schomer Law Group
Re: will and trusts
In California, a will only directs disposition of assets that are subject to probate. Assets exempt from probate generally include those in a trust, those in joint tenancy and those in pay-on-death accounts. Unless the will has some direction to the trust, the two operate independently.
Answered on 10/16/03, 8:38 pm