Legal Question in Wills and Trusts in California

If there is a hand written will but the benificary passed before the will maker then the will maker passed in the middle of writing his living trust does that living trust have any grounds?

Asked on 5/25/20, 5:35 pm

2 Answers from Attorneys

Robert Kane Law Offices of Robert D. Kane, Jr.

Probably not, but arguments can be made supporting the trust, in whole or in part, depending on the circumstances.

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Answered on 5/26/20, 7:58 am
Scott Jordan Jordan Law Office

In California, if the Trust is not signed by the creator/settlor, it has not legal effect. In the circumstance described, the estate may have to be entered into probate and the Court will decide who receives anything from the estate based on Rights of Succession.

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Answered on 5/26/20, 10:45 am

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