Legal Question in Real Estate Law in California

single or married

My parents have a living trust on their house. My mother has passed away 3 years ago. To change the living trust to an irrevocable living trust, does my father use a single or married form?


Asked on 7/07/08, 12:35 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: single or married

Has your father remarried? If not, any new trust he creates should be set up as that of a single person. Let me hasten to add that if your father or you is thinking of creating a new trust that will include property presently in the old trust, you are stepping into deep waters if you try to do this by filling in blanks on a pre-printed form, without any professional assistance. I recommend using an attorney who practices regularly in the area of trusts and has at least some knowledge of estate and tax planning principles.

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Answered on 7/07/08, 1:07 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: single or married

If you mom died, the trust document probably provides that her share of the assets are retained in an irrevocable trust. Get an attorney to review the documents and recommend what if anything should be done.

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Answered on 7/07/08, 10:49 pm


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