Legal Question in Wills and Trusts in California

My father and mother have set up an inter vivos revocable trust. A few years ago my mother died, so my faather is the suriving trustee.

He is planning to marry again.

What is the impact to the trust? Does the new wife become a trustee?


Asked on 7/15/10, 3:56 pm

4 Answers from Attorneys

Not unless he makes her one in accordance with the terms of the trust, OR he revokes the trust and establishes a new one.

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Answered on 7/15/10, 7:18 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Very likely you will no longer be an heir. Time to polish up your resume.

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Answered on 7/16/10, 1:18 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Under the typical husband and wife trust, a portion of the trust becomes irrevocable when the first spouse dies. Often, however, the surviving spouse does nothing to divide the assets as the trust provides is to be done. Your father's new wife will not automatically become a trustee of the trust but there is nothing to prevent him from taking assets out of any part of the trust that is still revocable by him and putting them into new accounts, or a new trust, with his new wife. The best thing for you to do is discuss your concerns with him and encourage him to sit down with an estate planning lawyer to make sure everything is done correctly. At the end of the day, if it is his money, he can do what he wants with it.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 7/16/10, 12:31 pm
Anthony Roach Law Office of Anthony A. Roach

She wouldn't automatically become trustee of the trust, but nothing stops him from creating a new trust instrument for himself, and including her and excluding you.

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Answered on 7/22/10, 1:59 pm


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