Legal Question in Wills and Trusts in California

Doesn't an A/B trust have to be in place while both spouses are alive? Can the surviving spouse change an existing family trust into a A/B trust after the other has passed? What would be the reason for it. The assets don't exceed the tax allowance.


Asked on 11/30/13, 4:25 pm

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

When both spouses are alive, they establish a trust which sets forth that division into A/B is either mandatory or allowed by disclaimer. But a disclaimer by the surviving spouse is rare.

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Answered on 11/30/13, 4:32 pm


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