Legal Question in Wills and Trusts in California
My wife and her brother are listed as co trustees on my mother in laws living trust,if my wife expires do I have any legal rights to the trust I am not listed on doc.,do I have rights.?
We have two minor children.
We appreciate all your advice.
3 Answers from Attorneys
no, but your children might be beneficiaries if you wife predeceases. It depends on the terms of the trust.
You have no rights unless the trust instrument provided you such rights. It is entirely dependent on the estate plan reflected in the trust.
It's possible that you are named as a contingent beneficiary if your wife dies before her mother, but this is uncommon at best. In a trust, the only persons with rights are the settlor (who created the trust) and the beneficiaries (who inherit the trust upon the settlor's death).
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