Legal Question in Wills and Trusts in California
Changing Terminology in Trust
I have a Living Will and Trust set up to take care of my son in the event of my death. When I set up the Trust and Will I was Legally Separated. I have since been divorced and I am now getting married. The Trust and Will states I am Legally Separated. Do I need to change that once I get married? How do the Community Property Laws in the State of California affect the trust that was set up before the marriage?
2 Answers from Attorneys
Re: Changing Terminology in Trust
Yes to provide for community property with new husband and any co-mingled separate property. You should have your Will and Trust reviewed by an experienced estate planning attorney.
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Good luck and thank you for your inquiry.
Re: Changing Terminology in Trust
your property will remain your separate property after you marry as long as it is not commingled with or transmuted into community property. you should consult a family law attorney regarding the specifics of your situation and whether or not to consider an antenuptial agreement.
your remarriage should not affect the existing trust and will, but a complete and correct analysis is not possible without reviewing the language of the will and trust. furthermore, in many cases (particularly when a competent and experienced estate planning attorney has not been retained), the trust is either not funded or is not properly funded. this means that assets may not in fact pass at death in accordance with the terms of the trust.
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