Legal Question in Wills and Trusts in California

Living Trust & Property Protection from divorce

I own rental property with over $450,000 in equity. I'm about to get married. My soon-to-be-wife will not be involved in matters regarding this property except perhaps the tax benefit. The property is self-sufficient. I do not want to do a prenuptial agreement. However, in case of a divorce, I want to protect this asset with its current and future equity so that only my mother and two brothers are entitled to it. Will a living trust protect this asset against divorce?


Asked on 11/07/07, 7:35 pm

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Living Trust & Property Protection from divorce

You are talking apples and oranges. Community property is only earnings from labor during the marriage, or property that you gift to the "community". Keep the assets as separate property. If you do the passive income from the property can be kept as separate property too by keeping segregated from community funds.

Meanwhile you have concerns about the property going to your brothers and mother if you die. A trust will take care of that. But, what if you become disabled. You need a trust package.

I suggest you buy my book coming out on the 15th of this onth, "Create Your Legacy & Save the American Middle Class, How You Can Protect Your Loved Ones in the Event of Death or Disability (Without Paying a Legal Fees}" You will be able to order the book on-line at Amazon.com, but, it is better to order at www.IWantToCreateMyLegacy.com. If you order there, you will get a free special report entitled "The 7 Urban Myths About Medicaid & The Truths You Need to Know". This report alone could save you and your family hundreds if not thousands of times the cost of the book.

The book is, to my knowledge, the only one written for regular people in the middle class, and it contains in an appendix the Legacy Living Trust Package, which to my knowledge is the only complete fill-in the blanks trust package written in simple English (no Legalese) that will be valid in every State in the US.

From what you say, it will probably be more than adequate in your case.

If it is not, in your judgment, adequate for your current needs, you can call us and we will handle your situation at a significant discount if you've bought the book, read it, and don't want to use the Legacy Living Trust Package.

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Answered on 11/07/07, 8:18 pm


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