Legal Question in Wills and Trusts in California

My Parents put their home in a trust for the 3 of us kids. My mom has then passed away. Years later my father remarried. Is the trust still valid after he remarried or does it get cancelled now because of the re-marriage?


Asked on 5/01/11, 10:02 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Dad has changed the estate plan by now, and you and your siblings should expect to get diddly-do.

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Answered on 5/02/11, 4:30 am
Aaron Feldman Feldman Law Group

In some trusts 1/2 of the trust would become irrevocable after your mother's death, meaning that your father could not change the final dispositive scheme regarding 1/2 of the trust although he could spend it during his lifetime. Your father should revise his estate plan and trust because if he omits his new wife from his estate plan then she would have a claim against the trust. If you have a copy of the original trust, you should have it reviewed by an attorney to determine if it is partially irrevocable. If you have any further questions, please do not hesitate to contact me directly.

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Answered on 5/02/11, 8:32 am

Unless he does something, the trust is unaffected by the remarriage. I do not believe Mr. Feldman is correct that the new wife would have a claim against the trust because it omits her. He is confusing trusts with wills, though she could develop a partial community property claim in some assets of the trust, such as a family home. He is quite correct, however, that your dad should thoroughly review and if necessary revise his estate plan in light of his remarraige, to make sure there are no unintended consequences of the changed circumstances.

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Answered on 5/02/11, 10:25 am


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