What happens if an Anaheim will leaves assets to a trust that was later revoked?

When implementing an estate plan in Anaheim, you may be called upon to transfer assets into a trust that were not previously held in the trust before the decedent passed away. These instructions may be included in the decedent’s will, which is often referred to as a pour-over will.  As you transfer these assets, you must be certain to comply with all of the rules, instructions, and guidelines outlined in the California Probate Code, the probate court, and the terms of the trust and will. Failing to properly transfer assets into a trust as you implement an estate plan in Anaheim can harm the estate. Fortunately, a knowledgeable Anaheim trust attorney can help guide you through this process.

If you are working with a will that directs you to transfer assets to a living trust that has since been revoked, the transfer is no longer valid. You will need to follow instructions outlined in the will or state law in order to determine what should happen if the living trust is no longer in existence. If you are implementing an estate plan in California that involved a living trust that has now been revoked, consider taking the following actions:

  •  Contact an experienced trust attorney in Anaheim.
  •  Obtain copies of the will and trust.
  •  Obtain a copy of the trust revocation.

To learn more about working with an estate plan that involves a trust, view our free guide, Understanding the Revocable Living Trust - In Language that Anyone Can Understand in 8 Minutes. The experienced Anaheim trust lawyers at the Law Office of James F. Roberts & Associates, APC, are here to help. Call our office today at (714) 459-5481 for a consultation.

James F. Roberts
Founder and owner of the Law Office of James F. Roberts and Associates, a premiere estate planning law firm