Covina, CA asked in Probate and Estate Planning for California

Q: do a last will and testament and irrevocable trust dated the date does one cancel out the other? so confusing

dated the same date Last will and Testament and irrevocable trust does one cancel out the other,

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: No, a trust and a will do not cancel each other out. The will governs the probate estate, and the trust governs the trust estate.

You will need to determine what is owned by the trust and what makes up the probate estate by checking to see how things are titled. Also look for bills of sale and general assignments.

Anthony M. Avery and Gerald Barry Dorfman agree with this answer

1 user found this answer helpful

James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Given the complexity and legal implications involved in trust administration and dealing with a last will and irrevocable trust, I strongly recommend that the person involved should consult with a qualified attorney in California. Speaking with an attorney will ensure they receive accurate and personalized advice based on their specific situation.

Best regards,

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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