Legal Question in Family Law in California

Re: trust

It depends on the wording of the trust. Most trusts allow the surviving spouse to amend the trust as he or she wishes and to change beneficiaries. It is always a good idea to have your trust reviewed as things change. Also, you should file documentation with the county recorder's office declaring the death of a co-trustee, and showing that you are now the sole trustee.

Re: trust

It depends on how the trust was written. Typically a family trust for a husband and wife is written to allow the surviving spouse to continue to manage the trust until they become disabled or pass on, at which point a successor trustee as designated in the trust or by court order, takes over the trust and is charged with distributing it to the beneficiaries. Typically, the surviving spouse has the ability to amend or modify the trust after their spouses death, only as to their interest in the trust, the deceased spouse's interest being nonmodifiable for the designated beneficiaries.