Legal Question in Wills and Trusts in California

If you married, and the living trust hasn't been changed to reflect the marriage, you would be considered a pretermitted spouse entitled to take under the Probate Code section dealing with pretermitted spouses. So marriage would certainly be an advantage to you and something to think about. On the other hand, if you marry, you need to make sure you don't get burdened by community property debt. There are ways around avoiding that. To cover all your bases, you need to discuss your situation with a lawyer.

I disagree with Mr. Woo. Courts have held that the pretermitted heir statute do not apply to an intervivos trust. The pretermitted heir statutes would revoke portions of prior wills, not trusts.

The most important issue is whether or not you would be responsible for your boyfriend's medical expenses if you marry, if 1) the assets of your husband's revocable trust were not sufficient, 2) the trust does not provide for payments of his living and medical expenses during his lifetime, or 3) the trustee is someone other than yourself (including your boyfriend) and such trustee does not in fact pay such expenses.

I have represented a woman who faced this problem as a result of marrying an individual with limited assets who did not have any health insurance (she was self-employed and did not have health insurance of her own) and within a short time was diagnosed with a terminal heart condition. You should definitely consult with a qualified attorney.