Legal Question in Real Estate Law in California
I have been married to my husband for 17 years. About 10 years ago he inherited a trust from his grandmother. We use the money he gets every month to support ourselves. He has made a video will but I am worried that if he passes away before I do, I will not be able to inherit the trust. Is this true and if so how can we fix it so that I will inherit his part of the trust?
1 Answer from Attorneys
Trusts are of several types and may have widely-varying provisions. I'd say step one is to obtain the trust document or an authentic copy of it, and then have an attorney specializing in wills, trusts and estates review it. Basic questions would include whether it is revocable or irrevocable at present, who are the current and potential successor trustees, and does it have any special purposes or characteristics. The same attorney should probably also review the video will to determine its legal sufficiency and effect, whether it is compatible with the trust provisions, and importantly, whether it is compatible with your current wishes and intentions. Fixing any deficiencies is definitely not something you can safely do without experienced professional assistance, nor something that can be done on-line without a detailed review of the trust document and the video will.
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