Legal Question in Wills and Trusts in California

Is a revocable trust void if the owner of the property held in the trust gets married and change ownership to himself and his wife as tenants?


Asked on 10/15/10, 1:08 pm

4 Answers from Attorneys

Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

The trust is not void but it would, absent other steps, no longer apply to that property. As a result, it might be necessary to probate the property in the event of a death.

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Answered on 10/20/10, 1:19 pm
Gary R. White Burton & White

Changing ownership of real property to joint tenancy during a marriage has serious consequences. You should consult with an attorney before doing so. However, there is no probate needed for joint tenancy property to pass to the survivor.

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Answered on 10/20/10, 1:49 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

With most revocable trusts, the trustor (the one who sets up the trust and whose property becomes trust property) retains the power to add to or take property out of the trust. Ordinarily a revocable trust becomes irrevocable at the time of death of the trustor (or the second trustor to die, if more than one) or if the trustor becomes legally incompetent. So, it is likely that the trustor, in your post, retained the power to change title to the real property in the manner you describe. This does not render the trust void. If the real property was the main trust asset, this change does impact the value of the trust, however.

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Answered on 10/20/10, 2:34 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Reich, in that the property would no longer be in the trust. If the trust held other property, however, the trust would still be valid. If the trust no longer holds property, the trust has expired.

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Answered on 10/21/10, 1:39 pm


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