Legal Question in Wills and Trusts in California
Living Trust Disclaimer
Our living trust states that in the event of the death of one trustor, their portion will be allocated to the surviving trustor. It also states that the surviving trustor can disclaim interest in the community property. What documentation is required if the surviving trustor wants to disclaim the real property? Does this documentation need to be notarized or filed with some agency?
2 Answers from Attorneys
Re: Living Trust Disclaimer
This is an area where you need counseling from an estate planning attorney, in the office after a review of the trust. If things aren't done properly, you could lose the benefits you may be looking to gain.
With that said, disclaimers generally must be in writing, made within 9 months of the date of death, and must be in the form and manner specified by the trust. You also need to know what happens when you disclaim--will the property go to your children? a separate trust? Also, the person disclaiming can't accept the property (or its benefits) and then disclaim. Thus, to make sure things are done correctly (even if you don't end up disclaiming), schedule some time with an estate planning attorney.
Chris Johnson
Christopher B. Johnson, Attorney at Law
614 East Colorado Boulevard, Pasadena, CA
Re: Living Trust Disclaimer
I don't mean to sound rude, but you have 2 options:
1) If you had a lawyer prepare the Trust, ask him/her.
2) If you did it yourself without a laywer and not understanding why or what you did, you deserve whatever happens.
10% of my practice is fixing botched Living Trusts people prepared themselves without a lawyer.
Marc Weissman
Weiss & Weissman, Inc
601 California Street #1307
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