James P. Frederick
James P. Frederick, Trusts Attorney - Livonia, MI
Posted about 3 years ago.

Based on the information you have added, I do not think the wife could transfer husband's assets into the trust without them passing through probate, first. The Will will get them there, but only through probate.

James P. Frederick
James P. Frederick, Trusts Attorney - Livonia, MI
Posted about 3 years ago.

I retract my additional comment. If this is in California, I believe you may be able to use a Heggstad petition to have these assets transfered to the trust. You should speak with an attorney to see if this is possible and how you would go about doing this.