Legal Question in Wills and Trusts in California

Re: Widower, planning to remarry , will my original living trust wishes be affec

there are a number of things to consider. California is a community property state. Assets do not automatically become community property, but they can if certain activities take place.

You would also want to either redo the trust or make ammendments to your existing trust. You should get some legal advice before you get married, and posibly take some actions after.

Re: Widower, planning to remarry , will my original living trust wishes be affec

At the very least, you will want to execute an amendment to your living trust (and pour-over will) to re-affirm your desires to leave your property to your present beneficiaries. Otherwise, your new spouse could take an intestate share of your separate property and any community property.

Second, I'd recommend a pre-nuptial agreement to clarify whose property belongs to whom, and how income and expenses will be treated during the marriage--you both probably have an idea about this now, and have probably discussed it, but it's best to get it in writing.

Finally, if you do want to allow your new spouse the use of some of your property if you predecease him, there are ways to do this while preserving it for your children, and this can be done with amendments to the estate plan.

Re: Widower, planning to remarry , will my original living trust wishes be affec

Mr Johnson succinctly and perfectly outlined a complete answer to your question and there is nothing I can think of to add to it except to heed his advice-Martin.

Re: Widower, planning to remarry , will my original living trust wishes be affec

Your question is too complex to answer thouroughly. There are MANY variables to consider.

One thing to consider is that if the wages of you or your new husband are used to make mortgage payments on the home, he could later make a claim for a portion of ownership.

You MUST consult with an attorney in detail about your situation if you want to be certain what will happen.