Legal Question in Wills and Trusts in California

living trust question

My father in law has a living trust w/ his 3 children. The house he lives in belongs to the 3 children. The oldest child recently passed away. It is written that the remainder of the estate (mainly the home) goes to the other 2 surviving children. Last year we 3 spouses signed and notorized a document stating that if our spouses died we would lay no claim to the estate. But is the trust still liable to give 1/3 to the passed childs estate? Or does it now 'belong' only to the surving children? We are concerned since the spouse of the deceased is rather notorious for making her way in life via wills and trusts-we want to make sure Father has a home to stay in and she does not try and sell or lay claim to any part of it. She is in possesion of the original doc that we (spouses) all signed so we are also concerned about getting a legal copy from her. The title offficer seems to think 1/3 belongs to his (deceased sibling) family. Any help is appreciated. They (and property) are in Shasta county, we are in San Diego County


Asked on 12/12/07, 12:43 am

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: living trust question

Your planning is ill advised. Having dad deed the property to the three kids has created a situation where the estate of the deceased child now owns 1/3 of the house.

You apparently have no conceptual awareness of what a living trust is and how it operates. I suggest you get and read my book "How You Can Protect Your Loved Ones in the Event of Death or Disability (Without Paying a Legal Fees}" Not only does it explain virtually everything you need to know in plain English, but it contains in the Appendix a copy of the Legacy Living Trust Package. This is a complete trust package for the Middle Class including a Living trust for single or for married people, a durable general power of attorney, an advance healthcare directive, an Abstract of Trust, all necessary transfer documents and instructions. Having taught literally hundreds of seminars to thousand of regular middle class people, I have learned how to answer the most important questions in language understandable to all. Having learned over 30 years that most people that go to an attorney to pay $1200 or more for these documents don't understand the language in the unnecessarily complicated documents, don't understand what they are doing and why, and ofen make common but avoidable mistakes, I created the Legacy Living Trust Package.

You can order the book on-line at Amazon.com, but, it is better to order at www.IWant2CreateMyLegacy.com. If you order there, you will get a free special report entitled "The Seven (7) Most Common Mistakes Made by the Middle Class in Planning For the Inevitability of Death and the Likelihood of Disability, and How to Avoid Them." This report alone could save you and your family hundreds of times the cost of the book.

Again, 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 ("People Ease", not "Legalese") that will be valid in every State in the US.

After you have read the book you can call me if you want to discuss further your options. But, I can't take the time or space in this response to give you a meaningful reply and therefore first would want you to read the book so we have a common language.

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Answered on 12/12/07, 1:25 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: living trust question

I need to review the trust to give you an opinion. Initially it appears that your father-in-law is the current trustee and perhaps one of the initial trustors. If so he may be able amend the trust to provide himself a life-estate. Contact me directly.

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Answered on 12/12/07, 11:00 am


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