If your deceased parents created a living trust, do the Wills they also made concurrently with the Trust, need to go through probate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If your deceased parents created a living trust, do the Wills they also made concurrently with the Trust, need to go through probate?
Asked on September 14, 2012 under Estate Planning, California
Answers:
Elena Eckert
Answered 11 years ago | Contributor
Wills usually have to go through the probate. However, if your parents made so called "pour-over" wills that simply direct for the estate to be distributed/administered pursuant to the provisions of the trust instrument, and transfered most of their assets into a living trust during their lifetime, then probate will not be necessary. But if they used pour-over will for transfer of property, then the wills need to go through the probate.
You should read the language of the wills carefully to see if they provide for distribution or transfer of any of your parents' assets.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.