What happens if assets were left out of the trust?

Assets outside the trust may still require probate if they exceed California’s probate threshold and do not otherwise pass automatically through beneficiary designations or joint ownership.

In some cases, a pour-over will directs those assets into the trust after probate is completed. This is one reason why properly funding and maintaining a living trust is just as important as signing the original documents.

 

Philip J. Kavesh
Helping clients with customized estate planning guidance and trust & estate administration for over 45 years.