Legal Question in Elder Law in California

revocable trust/beneficiary
If my husband and I have a revocable living trust I can name my son as beneficiary so that when I die my 1/2
ownership of our home will go to my son. But my son will not have access to the property until my husband dies, so my ownership will be sort of like being in a irrevocable living trust until my husband dies and at that time my son would inherit my 1/2 ownership of our home. Is this the propery thing to do ?

Asked on 5/19/04, 4:05 pm

2 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

0 users found helpful

0 attorneys agreed

Re: revocable trust/beneficiary

What you're talking about his giving your husband a life estate in the residents still ultimately your chair will go to your child. That is not hard to do, and not that overly difficult to administrate. But, my immediate advice is you must have an attorney do it. What is wrong with the attorney who handled the original transaction?? Or, is it that you don't want your husbands to know. Very bad idea unless the marriage he is in trouble. That becomes your own decision attached an attorney I would tell you that is a very bad decision. Before you make that decision talking over with an attorney who he is expert in real property law as well as estate planning/probate. What he/he gave you good solid advice based upon all the facts. Those are the facts that aren't in your question.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

Answered on 5/19/04, 6:07 pm

Mark as helpful