Legal Question in Wills and Trusts in California
What happens to a trust upon remarriage
My mother died and my father is remarrying. There is a family trust. If my father dies, does the new wife inherit any part of the assets in the trust (she will be residing in a property in the trust with my father), or do the assets in the trust pass to the named beneficiaries (which are the kids)?
2 Answers from Attorneys
Re: What happens to a trust upon remarriage
A person should always re-do their will and trust after they get re-married. Otherwise new spouse gets spousal share as if there was no will or trust; i.e. 1/3 of separate property and all of community property. Don't forget to update beneficiary forms too!
Re: What happens to a trust upon remarriage
If he doesn't at least re-affirm his existing trust, the new spouse would receive her intestate share at his death, which in this case would be one-third of his separate property, so he should take care of this.
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