If a Will states that the remainder of the estate be added to a Living Trust, do bank accounts in the decedent’s name automatically go to the Trust?

As the successor Trustee, can I access these accounts immediately? Or do I need to go through some procedure to get them into the Trust? I am also the Executor, and am coming from out of state, so it is important to resolve things quickly.

Asked on September 8, 2011 under Estate Planning, California


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

Answered 9 years ago | Contributor

I am so sorry for your loss,  Have you been appointed as the Executor?  Has the court appointed you as trustee? If the answer is yes then you have the power to act accordingly.  AS for the bank account, one needs to read the Will and to review how the accounts are held.  Is the a pour over Will, meaning that any asset not already in the trust named will "pour over" from the estate in to the Trust on the death  of the decedent?  Please let an attorney in the area review the documentation.  You can fax him or her a copy of the Will and trust documents and all the other relevant info before you get to California.  Good luck. 

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