Legal Question in Wills and Trusts in California

If a Ca living trust was legally made in 1994 (with both husband & wife) is it still legal; can it be added to with only wife now living? Should we/can we just start over and make a whole new living trust?


Asked on 6/11/11, 9:04 am

3 Answers from Attorneys

Michele Cusack Pollak & Cusack

It depends. The trust is still in effect, but whether it is revocable in part or in whole depends on the language of the document.

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Answered on 6/11/11, 10:14 am
Eliz. C. A. Johnson Eliz. C. A. Johnson

The Trustors [H&W] can add to the Trust anytime. If H is dead, W can add to her 'survivor's trust'. At H's death, there should have been a division of assets if it is a typical trust. W should see an attorney and bring the Trust. That it is from 1994 doesn't affect its validity; trusts are intended to stand the test of time.

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Answered on 6/11/11, 10:50 am
Donald Field Donald L. Field, Jr., Attorney at Law

it is possible that the trust could be amended or that a new trust would be necessary to accomplish your goals and objectives. to determine this, you need to consult with a qualified attorney to review the documents and provide recommendations.

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Answered on 6/13/11, 6:21 am


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