Legal Question in Wills and Trusts in California

My Brother destroyed his Original and all known copies of his "Living Trust" so his ex wife wouldn't get any of his property. He planned to create a new one, but died before he got the chance. The ex-wife claims she has a copy she took from his house. Can she claims his Estate using the stolen copy, and they are divorced?


Asked on 10/15/15, 4:15 pm

2 Answers from Attorneys

Gary R. White Burton & White

You need to contact a probate attorney without delay, unless the trust was created after the dissolution was final, the ex-wife's interest in the trust was revoked by the entry of the judgment of dissolution. As well, by destroying the original and copies he may have revoked the trust as well.

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Answered on 10/15/15, 4:46 pm
Scott Jordan Jordan Law Office

I do agree that you need to consult with a probate attorney right away. Under California law, the will was revoked as to the ex-wife when the divorce judgment was entered. However, the same may not be true for the trust. But, if your brother destroyed the original, that may be a sufficient act to express intent to revoke the trust. In any event, this will need to brought in front of a probate judge sooner rather than later to assure the ex-wife doesn't start taking property.

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Answered on 10/15/15, 5:36 pm


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