Legal Question in Wills and Trusts in California
Divorce Decree trumps Trust?
The trustee of my dad's estate ( he just passed 3 weeks ago) is his ex-wife. (It's a long story.)She said that when my dad and she were married the divorce decree states that if he ever sold the house she would get half. My dad's trust does not mention this, but lists the house as one of the asests to be split between myself and four siblings. Do divorce decrees like that one trump trusts and would they continue being in effect even when the person dies? She is sending a copy of the decree, but I haven't got it yet.
1 Answer from Attorneys
Re: Divorce Decree trumps Trust?
When you say Trump a trust I assume you mean take precedence over the trust or control the trust. Yes, sometimes documents executed for valid reasons and especially for consideration, a legal term it doesn't mean just money, must be considered and take precedence over other documents prepared & at a later time. All of the circumstances do must be considered before any final determination can be made. It appears his ex-wife was the trustee and I'm not sure if you are telling me that there is a prior document which disposes of the house differently than the terms of the trust. Anyone answering this question would be foolish they didn't say that all the documents must be read carefully before any kind of advice is given. I would get an attorney immediately who is versed in estate planning/real estate law. They go somewhat hand-in-hand. To give you advice is to what if any your rights are in this situation.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.