Legal Question in Wills and Trusts in California

I have been married for 10 years. 4 years ago my father-in-law passed away and a trust that my husbands grandmother set up for them was passed on to my husband and his two sisters. The trust is for ownership of some property in which a restrauant stands. Every month they get an income (lease from the restrauant). My question is..."is a trust community property?" I am concerned if he passes away or worse! leaves me, I will be stuck with nothing. If it is not community property what can I do to protect myself or to make it community property?

Thanks


Asked on 9/16/09, 6:14 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

An inheritance is the sole property of your husband unless the trustor specified it shall be community property for you two. However, your husband can convert his interest into community property by preparing a will or trust. A drafter would have to review his grandmother's trust instrument to ensure that, if your husband should pass away, his share of the trust would go to his heirs and not revert to his sisters.

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Answered on 9/16/09, 6:24 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Have you husband set up a trust for you and your children..Contact me directly.

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Answered on 10/19/09, 10:48 pm


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