Legal Question in Wills and Trusts in California
living trusts
my father passed away in 1993...he had a living trust with his spouse who never re-married and who recently passed. At the time of his passing the living trust had two executors, one from each side ofthe family, and all assets split equally between the surviving children (all from before the marriage)...Could the surviving spouse have changed the living trust to exclude his side of the family after his death from any benefits?
2 Answers from Attorneys
Re: living trusts
this depends upon the language of the original trust document. you should retain a qualified attorney to review the documents, obtain additional facts, provide you with advice, and prepare any needed petitions to be filed with the superior court.
Re: living trusts
It depends on the terms of the trust. Normally, there is a decedent's trust and a surviving spouse's trust created after the first passing. The decedent's trust normally becomes irrevocable, but can be used if the surviving spouse shows necessity.
I have dealt with similar siuations and they are always complicated and sticky. I recommend seeking professional legal advice from a firm such as ours that specializes in estate planning. If not us, then I still recommend you see someone to protect your rights.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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