Legal Question in Wills and Trusts in California
trust for house
my husband inherited a house before we married. We shared this home together a few years before he past away, he and I both put money into the home making repairs/remolding the house as needed. In his living trust he left the house to me and when I past away he stated for the house to go back to his kids. Since I am the one who paid the taxes for the past six years on the house can I make my own trust out and leave it to my child ?.His kids never paid anything on the house?do I have any right to do this? I live in Calif.
2 Answers from Attorneys
Re: trust for house
I'm not sure I understand the facts--a review of his trust should clear up whether he left the house to you outright or left it to you with conditions, including leaving it to his kids at your death. If his trust left it to you with no strings attached, you can leave it to your child.
However, if his trust had conditions, or even if his children could prove an agreement to leave it to them, they may have a right to the home. I'd recommend having an attorney review his trust and your proposed estate plan to see that it will work.
Re: trust for house
Generally the answer would be no you are holding it in trust for his children. However, for a final opinion please call for an appointment as the trust documents would have to be reviewd. Contact me directly.
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