Legal Question in Wills and Trusts in California

Re: Adding a trust after marraige

you can dispose of your separate property and 1/2 of community property by will or by trust as you decide. if you have a premarital agreement, it may contain provisions regarding what is and what is not community and separate property.

in any case, you should implement an estate plan as soon as possible. under the laws of intestacy your current wife would receive 1/3 of your separate property and all of your share of community property. if you have an old will from before your marriage (which has not been superceded) she might also take as an "omitted spouse".

Re: Adding a trust after marraige

I write a lot of trusts and I am an experienced probate attorney. Feel free to contact me to review your estate and get a paln going.

Re: Adding a trust after marraige

Only with your separate property. Community property would allow you to include 1/2 of the CP in it and direct where it will go.

Re: Adding a trust after marraige

It depends upon what assets you use to set up your trust. If you kept your assets that you owned prior to your marriage separate from the assets earned during marriage, then those assets can be used to set up a separate trust for the benefit of your grown children.

I strongly advise you to seek legal counsel to assist you.

Sincerely,

Kai H. Wessels, Esq.

(Tel.: 877-Wessels)