Trust Validity And Will

Summary

A trust in California must be properly funded to be valid, as highlighted in Estate of Heggstad (1993). If a trust lacks identifiable property, it may not be effective. In such cases, a valid will can prevail, as supported by California Probate Code Section 15200. For specific legal advice, consulting a lawyer is recommended.

Full Conversation

I want some help with a legal matter
Hi ****! I'd be happy to assist you. Can you provide more details about the legal matter you're dealing with?
I need legal arguments and cases that say that a trust in California is not valid if not properly funded and that in case of a conflict between a trust that was not funded correctly and a valid will, the will will prevail.
Hi ****! Here are some points and case references that might help:
- Proper Funding of Trust: A trust is not effective unless it is properly funded. In *Estate of Heggstad (*) * Cal. App. 4th **, a trust must have identifiable property to be valid.
- Conflict Between Trust and Will: If a trust is not properly funded, the will can prevail. Refer to *California Probate Code Section **, which states that a trust is created only if there is trust property.
You may want to consult a lawyer to get deeper insights into your case.