Legal Question in Real Estate Law in California

Can I prepare another trust and disregard the one my husband signed

after his death?


Asked on 9/27/14, 12:05 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

That was amazing that your husband was able to sign a declaration of trust after he died.

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Answered on 9/27/14, 3:40 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Assuming you meant something different than your question literally asks, I'd say that it really depends upon (1) the terms of your husband's trust, including whether it was a joint trust with you; (2) whether you are now the trustee of that trust or not; (3) whether the trust property is now yours; and (4) what assets you intend to place into the new trust you are considering. All in all, I'd say that you need to retain an attorney for two areas of consultation: (a) proper administration of your deceased husband's estate, including the trust (and especially if you are the successor trustee); and (b) preparing the proposed new trust, including selection of the assets to be placed in the new trust (making sure you now have the power to deal with those assets as your own, etc.). This is not a situation where you can use stationery-store forms to do it yourself.

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Answered on 9/27/14, 6:37 pm


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