Legal Question in Wills and Trusts in California

Living Trust after a Legal Separation

a couple makes out a living trust then they get a legal separation. they both understand that any real estate holdings purchased after a certain date is now their own. The one with the newly aquired r.e.holdings diesand the other thinks he has control over her estate. None of her holdings were ever transfered into the trust and she holds title as her sole and separate properties. What are his rights if any to her properties, r.v. and car that were purchased after their legal separation and he quite claimed them back to her as was set forth in the decree of legal separation. Is all of her r.e.holdings, etc. going to go to probate? She has heirs , but her is taking her money out of the bank as we speek.


Asked on 5/10/00, 5:03 pm

1 Answer from Attorneys
MICHAEL MILNES Law Office of Michael A. Milnes

Re: Living Trust after a Legal Separation

It sounds like he has no claim to any of her assets after the legal sepaartion decree. The fcat that they had a prior living trust that did not have any of these subsequently acquired assets trabsferred into it is immaterial. Who inherits the property depends on whatever testementary document, (will or trust) she had to deal with her property. Ordinarily her own heirs woyuld inherit her property and unless she had a testamentary document that gave him any powers over her assets, then he should have nothing to do with administering or receiving distribuition of her property.

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Answered on 6/28/00, 7:57 pm


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