Can a Trust Override a Will in California?

What Should I Keep in My Estate Planning File?
What should you keep in your Estate Planning file? Death, illness, or injury can come unexpectedly at times. If something were to happen to you today, would your Successor Trustee know exactly where to find all the information they would need to handle your affairs? We’ve seen many family members inherit a mess when it comes to Estate Planning paperwork. In order to achieve a painless and smooth transition when the time comes, here are 10 items to keep in your Estate Planning file.
This includes any trusts, wills, Advance Healthcare Directives, Powers of Attorney, and other supporting documents. If your documents have been replaced, you may want to destroy old versions to prevent confusion as to which is the controlling document.
If you’ve arranged for a pre-paid burial or cremation ahead of time, your Successor Trustee needs to know where to find those documents. Keep a copy of any related documents in your Estate Planning file for easy access. If you haven’t done much planning for your passing yet but would like to learn more about your options, check out our “Preparing for Death from A to Z” webinar video.
Important note for families of Veterans: In order for a veteran to be buried at a military cemetery, the family needs to present the veteran’s discharge papers (DD 214). Keep a copy in your file.
Clients who created a living trust should also have created a Schedule of Assets at that time. Every 5 years or so, you should update your Schedule “A” and put a copy in your Estate Planning file. This provides your Successor Trustee with a useful snapshot of your estate assets and makes it easier to track them down after your death. You can download a free blank Schedule “A” on our Client Resources page.
Also on our Client Resources page, you can find an Online Subscription template where you can list services and subscriptions you have that are direct debited from your bank accounts and credit cards. This will help your Successor Trustee know to cancel the services when you’re gone.
Keep these in case of an audit. Consult with a CPA concerning how long to keep these documents, but 7 years is usually a safe bet.
House instructions should explain the alarm system, sprinkler system, gas and water shut-off valves, the keys to open the garage door if the electric opener fails, etc.
This should include a list of contents and how the unit can be accessed.
Don’t forget to include the location and key!
Information on your medical history, including allergies and prescriptions, can come in handy if you end up in the hospital.
Be sure to include paperwork from the military or former jobs.
A Letter of Instruction explains many of the minor details that aren’t typically included in a Living Trust, such as who will inherit your personal property, and much more.
One final note: Make sure your file is kept either at your Estate Planning attorney’s office or in a secure place where your Successor Trustee can find it.
The Law Offices of Daniel A. Hunt is a California law firm specializing in Estate Planning; Trust Administration & Litigation; Probate; and Conservatorships. We've helped over 10,000 clients find peace of mind. We serve clients throughout the greater Sacramento region and the state of California.