Legal Question in Wills and Trusts in California
Can a wife of a revocable family trust (created by wife and husband), in secret from the husband and daughter (who is beneficiary in the family trust), work with the son (non beneficiary of the family trust) to create a new individual trust/will which revokes her shares in the family trust, into new individual will/trust and name the son as beneficiary?
ALSO....if the daughter was named as trustee of this new individual trust (BUT HAS NO KNowledge of the new individual trust), and Neither the daughter nor the husband were ever served notice of the revocation by the wife of her shares fro the family trust to her new individual trust, NOR the assignment of the daughter as trustee and executor, can this new trust be invalid?
1 Answer from Attorneys
It is beyond my legal expertise to answer all of your questions. If the Trust is revocable, the wife can revoke it but then there are no assets wilthin the first trust to transfer anywhere else. She would have to place her own assets in the second trust but can not put joint assets of her husband and herself in the newer trust. There are oabviously serious familly issues that you need to discuss with a family counseler.
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