Legal Question in Wills and Trusts in California

My mom had a revocable trust and died recently.

Does the name of the trust change? It was "AB Revocable Trust dated...".

Since it is automatically now irrevocable, does the name change to "AB Irrevocable Trust dated..." or stay the same?


Asked on 6/05/14, 6:09 pm

4 Answers from Attorneys

Michele Cusack Pollak & Cusack

Keep the same name.

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Answered on 6/05/14, 7:59 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Ms. Cusack.

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Answered on 6/05/14, 9:26 pm
Victor Waid Law Office of Victor Waid

I agree with both legal counsel.

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Answered on 6/05/14, 10:42 pm
Neal Rimer Neal M. Rimer, Esquire

Actually, it is possible that the name may change. It is common to have an "administrative trust" created after a death. It is also possible that after your mom's death a sub-trust is created for your, or other persons benefit. Usually, all those other trusts or a sub-trust will start with AB Revocable Trust... such as AB Revocable Trust - Administrative Trust.

I suggest you consult with an attorney (like me) familiar with the administrative work required following a death. In this way you can be advised how to follow the "terms of the trust" as the trust was written and to comply with the distribution provisions as well as the other operational provisions.

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Answered on 6/06/14, 4:23 am


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