Legal Question in Wills and Trusts in California
If a married couple create a revocable trust, does that trust become irrevocable upon the death of one of the trustors? Also if both executed separate Wills giving the residue of their estates to the trust as pour over beneficiary upon their death, does the executor of the Will have some obligations and/or duties to the beneficiaries of the trust?.
2 Answer from Attorneys
It depends on the terms of the trust. You have to read the trust to see if there is a provision which provides that a portion of the assets are distributed to an irrevocable subtrust. If there isn't or the trust rquires the survivor to disclaim an interest and the survivor does not, the the trust remains revocable by the survivor.
Regarding the will, if there are assets that are subject to the will (not in joint tenancy, not commmunity property and not already in the trust) then they should be transferred to the trust by the executor.
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