Items not included in Living Trust

[maxwellthor]

Let me rephrase my question: This is for California.

My sister had a Living Trust with beneficiaries. In addition, she had a special list designating items to different individuals. My question is, the items that are NOT ON THIS LIST, and are not designated to anyone, would those items automatically go to the next of kin?

 

[tranquility]

If you're still living, include them.

 

[maxwellthor]

What is the name of your state (only U.S. law)?

California

 

[tranquility]

If you're still living in California, include them.

 

[justalayman]

If you're still living in California, include them.

at least if you want them in the trust. If you don't, then don't include them.

 

[tranquility]

And, if you don't want them included in the formerly revocable trust after you die, don't have a pourover will putting the assets in the trust.

 

[maxwellthor]

And, if you don't want them included in the formerly revocable trust after you die, don't have a pourover will putting the assets in the trust.

Thank you for your time and answers, but this isn't about my trust. Please see my original post. I rephrased my question.

 

[justalayman]

since your original post didn't actually have a question in it originally, we were simply playing around a bit. Check back (a little sooner in case there are more questions for info would be good) for an answer.

but for a bit info that will be needed:

are you speaking of items not included in the trust?

did she have a will?

was this just "a list" that she wrote or was it somehow attempted to be attached to either a will or the trust?

 

[maxwellthor]

since your original post didn't actually have a question in it originally, we were simply playing around a bit. Check back (a little sooner in case there are more questions for info would be good) for an answer.

but for a bit info that will be needed:

are you speaking of items not included in the trust?

did she have a will?

was this just "a list" that she wrote or was it somehow attempted to be attached to either a will or the trust?

Thank you for responding so quickly.

There are numerous minor items such as, photographs, wall pictures, kitchen utensils, linens, etc., 0that were not included in the will or trust. Would those items therefore go to the next of kin.

 

[curb1]

Are you suggesting that family members are squabbling over these items? Just divide the stuff up and be done with it.

 

[las365]

Is it that people do want the stuff or that no one wants it? Or that y'all really couldn't figure out what to do with it?

 

[maxwellthor]

Is it that people do want the stuff or that no one wants it? Or that y'all really couldn't figure out what to do with it?

I'm the surviving next of kin, so I want to know would those unlisted items go to myself or the the estate for the executor to disperse.

 

[Zigner]

Almost always, a will or a trust will contain language to include "personal property." Are you SURE that the will and/or trust doesn't include such language? I'd be very surprised if it didn't.

 

[justalayman]

it will still be up to the exec to disburse but...


the exec isn't in charge of just the items in the will. S/he is also charged with distributing all of the estate. If there is property not spoken to in the will, then it is distributed under the laws of intestate succession of the germane state.

 

[tranquility]

A trust has a trustee who is in charge of managing the trust according to the trust's terms. An executor/administrator is in charge of a deceased estate after being appointed by the court. In terms of distribution, a deceased's estate includes all property not legally disposed of that was owned by the deceased at the time of death.

A trust must be "funded" in that assets must be transferred to the trust's ownership. While many living trusts have wordings having general personal property be included, rarely do such broad claims stand up when there is litigation. The legal way to cover for this is called a pourover will. Everything left in the estate flows into the named trust on death.

If there is a trust and no will, if there is a disagreement that will bring things into court (Or, a need to transfer titled property.), the trust will be distributed according to it's terms and the estate will be distributed according to intestate succession.