Do you have to file a Will if its in a irrevocable Trust?

Asked on August 18, 2014 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Do you mean that the Will creates the irrevocable trust or do you mean that the assets listed in the Will are part of an irrevocable trust?  And by "filing" do you mean probate?  If the assets are already inside the trust then the Will is probably a "pour over" will allowing the fiduciary to place assets that may have been left out inside the Trust at the time of death.  If the Will creates the trust then there is no trust until probate.  But either way it should be probated.  Good luck.

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