Legal Question in Wills and Trusts in California

Revokable Living Trust

My Fathers Past away and His living trust became a revokable living trust. He left everything t o his spouce.

There is a Disclaimer Trust section which says if spouce Disclaims ownership to all or part of the trust it will be treated as if her death preceaded mine and the assets of the trust would be distributed outright to me but she could use the assets in the trust to support her durring her lifetime and the balance of the assets after her death would be distributed outright to me.

There is section 6 called ''Disposative Disposition of the Disclaimer Trust''

A) what Is Disposative Disposition Of Disclaimer Trust mean?

B) How can I find out if she actually Disclaimed ownership to his assets?

C) she is the trustee and Executor to the trust...and The Disositive Disposition of Disclaimer trust ''Draft'' (2 that I found) say that after her death the assets go to me and if I pass then to my issue. THERE ARE HAND WRITTEN (IN HER HANDWRITING) CHANGES MADE TO THE ''DRAFTS'' DISPOSATIVE DISPOSITION OF DISCLAIMER TRUST SECTION 6 ;CROSSING OUT ASSETS GOING TO ME AND MY ISSUE CHANGING IT TO HER HEIRS.

The page that is in the noterized trust Dad signed also says after her death assets go to ''Her Heirs'' In Setion 6. What does it mean?


Asked on 8/04/08, 5:06 am

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Revokable Living Trust

to answer these questions the documents will need to be reviewed and additional information obtained regarding the facts and circumstances of the execution of the various documents.

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Answered on 8/04/08, 11:01 am


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