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.


Asked on 12/06/14, 3:27 pm

3 Answers from Attorneys

Michele Cusack Pollak & Cusack

no, but your children might be beneficiaries if you wife predeceases. It depends on the terms of the trust.

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Answered on 12/06/14, 4:06 pm
William Christian Rodi Pollock

You have no rights unless the trust instrument provided you such rights. It is entirely dependent on the estate plan reflected in the trust.

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Answered on 12/08/14, 11:24 am
Len Tillem Tillem McNichol & Brown

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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Answered on 12/10/14, 10:11 am


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