Legal Question in Wills and Trusts in California
Rights of Entitlement after death of first survivior
After death of first Trustor in an irrevocable family trust do the beneficaries have any entitlement? Or does the surviving spouse have all entitlements?
4 Answers from Attorneys
Re: Rights of Entitlement after death of first survivior
this question cannot be answered without reviewing the trust agreement.
Re: Rights of Entitlement after death of first survivior
This depends on the trust agreement, which in California the beneficiaries have a right to a copy of once it becomes irrevocable. For married trusts, the surviving spouse is typically the current beneficiary, often receiving income from the trust and principal of the trust if he/she needs it. Still, though, all trusts are different so you'd have to have an attorney review this particular one.
Re: Rights of Entitlement after death of first survivior
read the others answers who all agree but don't point you in the correct direction --- that is to an attorney who is an expert in probate/estate planning and possibly litigtion --- do not do this yourself as you clearly have no experience to justify the correct interpratation ----
Re: Rights of Entitlement after death of first survivior
Usually a family trust is not irrevocable until one party dies, and then it is only irrevocable as to the deceased parties share. The only way to answer your question is to completely review the trust document.