Legal Question in Wills and Trusts in California

Re: Revoking a Revokable Living Trust

The answer depends on the trust instrument--what procedure, if any, does it require for revocation? A review of the trust and possible revocation documents by an estate planning attorney would give you the answer.

Re: Revoking a Revokable Living Trust

The answer depends on whether the trust contained community property or the separate property of either spouse, or both. Unless the trust instrument expressly provides otherwise, a power to revoke as to community property may be exercised by either spouse acting alone. Community property, including any income or appreciation, that is distributed from a trust because of revocation remains community property unless there is a valid transmutation of the property at the time of distribution. As to separate property, the spouse who contributed it must revoke the trust as to that property. Note, however, that the trust instrument itself can change these rules. You may need to consult an attorney as to whether certain property is community property or separate property, and whether the trust instrument amends the general rules; most, including myslef, do not charge much for short consultations such as this. (This statement does not constitute my representation of you, nor is it an attorney-client communication.)