Legal Question in Wills and Trusts in California
A married couple in California has a trust, if either die the survivor has control of the trust. When the survivor dies is the trust mandatorly split into 50/50% with each spouse naming their own benificaries, or is 100% then given to the benificaries named by both spouses?
Asked on 4/25/11, 3:44 pm
2 Answers from Attorneys
Eliz. C. A. Johnson
Eliz. C. A. Johnson
Exactly. You can draft a Trust to say whatever you want. Some spouses want to control their "half" so reserve that right, giving the survivor access to the assets under an ascertainable standard. Others, leave everything to the survivor with the expectation that they will leave it as agreed.
Answered on 4/25/11, 5:43 pm
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