What is the settlor’s intent?
The settlor’s intent is an important concept in inheritance law in California. The settlor is the person who creates the estate plan, such as a will or trust that outlines the distribution of their estate after death. It is the settlor’s intent that the court must look to when interpreting the terms of the estate plan. In addition, the settlor’s intent will be used to determine how any ambiguities in the estate plan should be resolved. The settlor’s intent must also be considered when determining what property is to be included in the estate plan. If a settlor wants to include a certain asset in their will or trust, it is important that they make this clear. Any funds or assets that are omitted from the estate plan will become part of the probate estate, which will be subject to the payment of creditors, debts, and taxes. It is also important to note that the settlor’s intent must remain consistent throughout the estate plan. If there is a conflict between two clauses of the estate plan, the court will use the settlor’s intent to resolve the conflict. This is why it is important for the settlor to be careful when drafting the estate plan and to consider all possible scenarios when it comes to the distribution of their estate.
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