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.

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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.

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Answered on 10/16/03, 8:38 pm


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