Legal Question in Wills and Trusts in California
My dad recently passed away and I'm confused about what assets will go to who. My dad recently remarried following my Mom's death. Before my mother died they set up a living trust which named my brother and I as the trustees/beneficiaries should they both die. After my mom passed away, and my dad remarried he did not amend this trust or write a new will to include his new wife before dying. In this case what assets will go to his new wife and what will go to me and my brother? Does she have any right to his separate property given the existence of a trust?
1 Answer from Attorneys
this depends upon the language of the trust agreement, the form of ownership of the assets, whether or not your father and new wife kept assets separate (or had a pre-marital or post-marital agreement), among other factors.
you should retain a qualified attorney as soon as possible to provide you with advice regarding your duties and authority as trustees and take any actions required to protect your interests.
please contact my office if i can be of assistance.
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