Legal Question in Wills and Trusts in California

Can distribution from a by-pass trust be made from the principal to the heirs prior to the death of the living spose?


Asked on 10/01/09, 6:45 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

It usually can, with the living spouse's consent or disclaimer. There's a tiny chance the trust may disallow it, so it should be reviewed to ensure any distribution is done according to the trust terms and conditions.

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Answered on 10/02/09, 3:06 pm


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