Legal Question in Wills and Trusts in California

Re: Change will after spouce dies

One possibility would be to establish a revocable trust. You will need to meet with an estate planning attorney for more advice based on your situation and desires.

Re: Change will after spouce dies

While nothing is perfect, I would recommend setting up a trust.

If you have any further questions, please do not hesitate to contact me.

Sincerely,

Kai H. Wessels, Esq.

(tel.: 877-Wessels)

Re: Change will after spouce dies

You may consider setting up a testamentary family trust for the benefit of the children and a QTIP trust for the benefit of your wife while she's alive, and the remainder going to the children after her death. Depending on the size of your estate, these trusts can be used to minimize or eliminate estate, gift and generation skipping transfer taxes. Please call if you need to discuss this further.

Re: Change will after spouse dies

You are right to be concerned. Assuming that you have an "A-B" trust, I'd suggest putting some language in the trust that says if either of you takes any action that would result in one of your children receiving less than 50% of the combined estate, then the gift to the "favored" child will be decreased in the other spouse's estate.