As you begin the process of implementing an Orange County estate that contains a trust, Testamentary vs. Living Trusts. It is important to determine whether the trust involved is a revocable living trust or a testamentary trust. A testamentary trust is one that is created only at the time of the decedent’s passing, usually under the terms of the will. In contrast, the revocable living trust is created during the lifetime of the decedent. An experienced Orange County trust lawyer can review the estate that you are implementing, in order to determine which type of trust is involved.
In cases where a living trust is part of the estate, you will need to review the terms of the will that direct the transfer of the assets to the trust. Carefully consider the following:
- If there is not any language in the will that directs the assets be transferred to a testamentary trust, it is presumed that the assets should be given to the living trust.
- The assets that are transferred to the living trust will then be administered in accordance with the terms of that trust.
- If any amendments to trust were made after the date of execution of the will, the assets will be distributed in accordance with those amendments.
Once you have clearly determined which trust should receive the assets that are directed into trust under the terms of the will, you can implement the trust and estate plan. For more information and guidance, contact the experienced Orange County trust attorneys at the Law Office of James F. Roberts & Associates, APC. Call our office today at (714) 459-5481 for a consultation.