Legal Question in Wills and Trusts in California

Two Trusts, Two Wives

My father died on three years ago at the age of 95. He and his widowed wife had a joint Trust. They were married for approximately seven (7) years.

I recently received a letter from an attorney purporting to represent my father's widow. In the letter I am advised that in addition to the joint Trust with his widow, my father also had a joint Trust with his previous (deceased) wife whom he was married to for approximately thirty (30) years before her death. She was survived by at least four (4) adult children. I had no prior knowledge of this Trust.

The lawyer representing my father's widow is requesting information that he deems necessary to ''clear up the title to real property'' (previously owned by my father and his deceased wife), but now claimed in the Trust between my father and his widow.

If in fact there were two Trusts: one with my father and his deceased wife, and another Trust with his widow, are both Trusts still valid? If so, does one supercedes or take legal precedence over the other? If the first Trust became irrevocable upon the death of my father, do I have rights to copies of one or both Trusts?


Asked on 4/09/06, 5:11 am

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Two Trusts, Two Wives

whether or not either of the trusts is still valid depends upon the language of the trust agreements. in addition, normally only assets held by a particular trust will be affected by its provisions.

if you are a beneficiary of either trust, you are entitled to information regarding the trust.

SEE: Probate Code Sections 16060 through 16064

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20

you may need to petition the superior court to resolve these issues.

SEE: Probate Code Sections 16400 through 18201

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20

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Answered on 4/14/06, 2:08 pm


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