Legal Question in Wills and Trusts in California
Last February 8, 2013, I filed a petition to partially revoke The C family trust because my husband repeatly refused to sign the deed to the properties listed as my separate property. On March 4, he through his lawyer filed for divorce and petitioned the court to transfer my petition to the Family law court. As a result, the judge denied my petition , What is the status of the trust at this time? is it revoked. Should I another trust for my separate property? and change my will?
2 Answers from Attorneys
If a petition to revoke the trust is denied, and nothing else has happened with respect to the trust (for example, a distribution of all assets pursuant to the trust's terms), then the trust still exists.
It is not possible to advise you specifically as to your situation without knowing much more about your assets, your liabilities, and your current estate plan. This is something you will need to discuss personally with a lawyer.
I agree with Mr. Perry. Do you have a divorce attorney yet? If so, s/he may be able to help you.
Are you already divorced?