Legal Question in Wills and Trusts in California

Revokable trust & death of spouse

Parents always had a joint revokable living trust. Mother died Feb 2001. They were each trustor and trustee with myself (their only son) successor trustee and sole heir. Father changed the trust after mother's death to exclude me entirely. I was never allowed to see any of my mothers legal documents and my father told me her financial affairs were none of my business.

Since mother died before the July 1, 2001 right of survivorship law came into effect should her portion of the trust have been non-revokable and I should have remained successor trustee.

Father passed away Feb 2005 and everything is now in probate. If he did not originally file a will for mother in Kern county would her assets have been considered intestate.

When my mother was alive it was agreed between her and my father that I would be the successor trustee and heir. Can dad change her intention simply by surviving her?

When she had her fatal heart attack he just sat there and didn't call 911, his son from his first marriage called when he returned from town. Paramedics revived her body but she was already brain dead.

Thanks


Asked on 2/14/06, 5:13 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Revokable trust & death of spouse

Lots of issues here.

Without seeing the trust, it would be hard to determine what your status is. Normally, a trust divides the property into two shares at the teath of the first person. The portion for the first to die cannot be changed, while the survivor can change the terms of his half.

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Answered on 2/14/06, 5:23 pm


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