Legal Question in Wills and Trusts in California

WillMaker Plus 2008 Trust Question

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Does anyone have Quicken's WillMaker Plus 2008? I'm using it to draft a revocable trust and I need help understanding language on page 228. The first paragraph of that page seems to restrict the distribution of the trust property on the death of the second spouse to die to property other than the community property that the second spouse to die inherited from the first spouse to die. In other words the very first paragraph on that page says the trustee will distribute specific types of trust property ''as follows'' but that paragraph does not include the community property the second spouse to die inherited from the first spouse to die, i.e. the share of the property on Schedule A owned by the first spouse to die at the time it was transferred to the trustee.

This seems to conflict with the language in paragraphs 11A 1-3 which refer to all of the second spouse to die's interest in specified items of property.

Can anyone explain this?

(All of our trust property will be on Schedule A as (California) community property.

Thanks, Bruce


Asked on 6/24/08, 2:41 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: WillMaker Plus 2008 Trust Question

I would try tech support.

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Answered on 6/24/08, 3:15 pm
Robert Mccoy Law Office Of Robert McCoy

Re: WillMaker Plus 2008 Trust Question

Yes, that is a conflict. If you are confused, then so will your heirs be when they try to figure out what it is you were trying to accomplish. This is an example of why there is so much civil litigation over trusts. If not drafted properly, your trust can end up in court as well. And believe me, civil litigation is way more expensive and stressful than the probate process. You might consider talking to your beneficiaries about forking out a few hundred bucks to pay a lawyer to make a trust for their benefit so you can leave your estate to them.

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Answered on 6/24/08, 3:17 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: WillMaker Plus 2008 Trust Question

Are you kidding?

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Answered on 6/28/08, 5:11 pm


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