If a trust is written without stating previous will void, which is binding? 6 Answers as of August 04, 2015

If a will is written and the subsequent trust written does not specify that the first will is void, which one is binding under California law?

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Law Office of Nathan Wagner
Law Office of Nathan Wagner | Nathan J. Wagner
This is a trick question: they are both valid! A subsequent will revokes a prior will. A subsequent trust does not affect the validity of a prior will, but only the trust controls who inherits the assets that are placed in the trust.
Answer Applies to: California
Replied: 8/4/2015
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
Generally, trusts do not revoke wills. A trust agreement or declaration of trust governs assets in the trust only. A will governs assets subject to a will. Trust assets usually are not subject to a will.
Answer Applies to: California
Replied: 8/4/2015
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
The will covers things not held in the name of or transferred to the trust. So for instance, if a home is held in title by the trust the terms of the trust control the disposition of the home on the death of the settlers of the trust.
Answer Applies to: California
Replied: 8/4/2015
Law Offices of George H. Shers | George H. Shers
You may or may not be mixing terms up. A Will is a document that transfers upon the death of the person making the Will, all the assets that person has at the time of death. So if the person then sets up a Trust, which transfers title to certain named assets to the trust, those assets are not part of the person's possessions at the time of his death and do not pass by the terms of the Will. The Trust does not have to mention the Will, as both can exist at the same time. If a second Will is created, it is better, but not necessary, to state the first Will is being superceded.
Answer Applies to: California
Replied: 8/3/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
The latest applies.
Answer Applies to: California
Replied: 8/3/2015
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