Orange County California

Trust Attorneys


Seven tips about assets moved to trust under an Anaheim will. Even when a living trust was included in the estate plan of a deceased individual, a will still serves a valuable purpose. The will serves as a “catch all,” grabbing assets of the estate that were not moved into trust prior to the decedent’s passing and depositing them there through the probate process. As you administer a trust in Anaheim, be certain that you identify any such assets that may not have been moved into the decedent’s living trust before her passing.

What does the California Probate Code say about such transfers? This is addressed in the Uniform Testamentary Additions to Trusts Act. Generally, the rules are as follows:

  1. Assets can be given to the trustee of the living trust by outlining the devise of the asset under the will of the decedent.
  2. The name of the trust must be identified in the will.
  3. The terms of the trust must be outlined in a written instrument executed before or at the same time as the decedent.
  4. In the alternative, the trust may be identified in the valid last will of a person who predeceased the testator.
  5. The devise of the property to the trust of the decedent is not invalid simply because the living trust is amendable or revocable.
  6. Even if the living trust was amended later, the devise is still valid.
  7. The property should be administered or distributed in accordance with the terms of the trust.

As you carry out your responsibilities for implementing an estate plan in Anaheim, it is important to understand what to do with assets that are transferred to a living trust through the terms of the will.

Making mistakes when it comes to the implementation of the estate can be costly and create significant hassle. Fortunately, an experienced Anaheim trust lawyer can help.

Seven tips about assets moved to trust under an Anaheim will.For more information about implementing estate plans, view our free guide, Understanding the Revocable Living Trust – In Language that Anyone Can Understand in 8 Minutes. A knowledgeable Anaheim trust attorney at the Law Office of James F. Roberts & Associates, APC, can assist you through this process. Call our office today at (714) 282-7488 for a consultation.

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