Legal Question in Wills and Trusts in California

My parents had a trust, then it was restated, and then one of them passed away. We need to redo the will on the surviving parent. My question is how to refer to the trust in the section of the will talking about pouring over to the trust. Can we say: I give the residue of my estate to the Trustee named in the RESTATEMENT OF DECLARATION OF TRUST establishing the (family name) SURVIVORS FAMILY TRUST A, which RESTATEMENT OF DECLARATION OF TRUST was signed by me, both as Trustor and Trustee, on (date of restatment of trust)? Also, is it OK to just refer to the restatment of trust and use its date, or do we need to refer to the original trust? Thanks


Asked on 2/15/12, 10:07 pm

1 Answer from Attorneys
Neal Rimer Neal M. Rimer, Esquire

I would suggest you NOT play lawyer and let your surviving parent go to the attorney who restated their trust or to a new attorney who is familiar with the administration of trusts and find out what should now be done since one of the Trustors has died.

Just dealing with creating a new will is not what needs to be done. In fact, it is possible a new will is not necessary. I'm sure there is other work that is required, that is assuming that a flexible estate plan was created for your parents.

Seek expert assistance.

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Answered on 2/16/12, 7:02 am


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