My question involves estate proceedings in the state of: California, Santa Clara County
In 1985 mom and dad had identical wills and a revocable family trust drafted. Never modified.
Wills bequeathed all tangible property to surviving spouse, and to children if no surviving spouse. Residue poured over into family trust in accordance with terms of trust.
Upon death of first trustor to die, trust provides for division of "the entire Trust Estate" into two separate trusts know as the "Survivor's Trust" and the "Family Trust".
In June 2013, dad died. His will has not been probated.
Mom took over jointly held accounts & real estate. The house and some investments are in the trust.
Mom died in October of 2018.
Can we probate mom's will and deal with dad's in conjunction with it?
Or, must dad's will be done first?
What is the proper procedure/sequence?
In 1985 mom and dad had identical wills and a revocable family trust drafted. Never modified.
Wills bequeathed all tangible property to surviving spouse, and to children if no surviving spouse. Residue poured over into family trust in accordance with terms of trust.
Upon death of first trustor to die, trust provides for division of "the entire Trust Estate" into two separate trusts know as the "Survivor's Trust" and the "Family Trust".
In June 2013, dad died. His will has not been probated.
Mom took over jointly held accounts & real estate. The house and some investments are in the trust.
Mom died in October of 2018.
Can we probate mom's will and deal with dad's in conjunction with it?
Or, must dad's will be done first?
What is the proper procedure/sequence?
Probate Court Procedure: Dad Dead 6 Yrs, No Probate of Will. Mom Just Died. Must Dad's Will Be Done B4 Mom's
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