Legal Question in Wills and Trusts in California

More detail:

If H and W leave trust estate equally to their three kids and H dies, his Trust share is irrevocable. Trust SAYS W CAN AMEND ANY TRUST BUT THE IRREVOCABLE ONE so she can amend HER survivor's trust to now include grandchildren but H's by-pass trust share still must go equally to the three kids and only HER share can be allocated to GC? She cannot amend the whole corpus to say equally between 3 kids and 3 GC? WHAT DO I LOOK FOR THAT WOULD ALLOW THIS?

Trixie


Asked on 4/27/11, 3:45 pm

1 Answer from Attorneys
Aaron Feldman Feldman Law Group

Most marital trusts are designed to prevent you from amending the "Decedent's Trust" of "By-Pass Trust" (H's 1/2). I doubt there is anything that would allow the sort of amendment you are proposing. It would be best to meet with an attorney to discuss trust administration and allocation issues. I would be happy to provide a free consultation.

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Answered on 4/27/11, 4:01 pm


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